Glasxosmithkline Says German Court Revokes Patent On Advair
20 Mai 2010 - 12:20PM
Dow Jones News
GlaxoSmithKline PLC (GSK.LN) Thursday said Germany's Federal
Patents Court revoked its patent for key product Advair, handing a
victory to generic drug makers Mylan dura GmbH, Hexal AG, Neolab
Ltd., and IVAX International B.V. and highlighting the worldwide
generic threat to Glaxo's blockbuster lung treatment.
The ruling relates to the combination of Advair's active
ingredients salmeterol and fluticasone propionate.
Glaxo, the U.K.'s biggest drug maker, said the Munich-based
court's decision relates solely to the German combination patent
for Viani, Advair's German brand name, and is not binding in any
other jurisdiction.
The decision is the conclusion to a hearing that was conducted
in February.
"This is not the end, and we will be considering whether to
appeal to a higher court," a spokeswoman at Glaxo said.
Glaxo also owns a number of other patents in Germany relevant to
Advair, including the Diskus dry powder inhaler and HFA aerosol
formulation patents which expire in 2011 and 2012 respectively. The
company in a statement noted there are significant technical
hurdles and complexities associated with the introduction of
inhaled respiratory products.
The trial is part of a complex legal struggle between Glaxo and
a group of generic drugmakers which hope to sell copies of the
two-in-one inhaler for asthma and chronic obstructive pulmonary
disease, or "smoker's lung". Teva bought Ivax in 2006 for $7.4
billion. Hexal is part of Novartis' Sandoz generics unit.
Advair last year had sales of $7.8 billion, representing 18% of
the company's total turnover. Analysts predict Advair's sales could
reach $9.5 billion in 2011.
Shares in Glaxo at 0950 GMT were down 0.8% or 9 pence at 1,169
pence but up 10% from year-ago levels.
Company Web site: www.gsk.com
-By Sten Stovall, Dow Jones Newswires; +44 207 842 9292;
sten.stovall@dowjones.com