AstraZeneca suit gives Dr Reddy’s a heartburn

Reghu Balakrishnan

Posted: Wednesday, Aug 08, 2007 at 0000 hrs IST
Updated: Wednesday, Aug 08, 2007 at 0016 hrs IST


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Mumbai, Aug 7: In an interesting case of erroneous filing of patent litigation, US drug major AstraZeneca has filed a lawsuit against Dr Reddy’s Labs saying the Indian company's generic version of a heartburn drug infringes on its $4 billion drug, Nexium. Dr Reddy’s, however, had actually challenged AstraZeneca’s $300 million Prilosec OTC through its para IV abbreviated new drug application (ANDA). In both drugs, the ingredient remains the same.

A Dr Reddy’s spokesperson said, “The reference to Nexium in the complaint by Astrazeneca is an error. Dr Reddy’s filed an ANDA for Prilosec OTC with a para IV certification. In response to our patent challenge, AstraZeneca has asserted 2 of the 8 listed patents against Dr Reddy’s. We maintain that we do not infringe on the patents and will continue the litigation.” The patent for Prilosec expired in 2002, while AstraZeneca is still holding the patent for its over the counter (OTC) version. Dr Reddy’s had filed the para IV ANDA for approval of a generic version of ‘omeprazole magnesium delayed release capsules.’ However, AstraZeneca said in its suit that the patents ‘960 and ‘424, issued for ‘omeprazole magnesium,’ would expire in 2014 and 2016 respectively.

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