Legal victory for AstraZeneca in Seroquel case

A US court has granted the company’s request for a summary judgement in the case in which AstraZeneca is suing Teva Pharmaceuticals and Sandoz for alleged patent infringement.

The two companies being sued had sought approval to sell generic versions of Seroquel tablets in the US before Seroquel’s patent expires in 2011.

Teva and Sandoz have already conceded infringement and the validity of AstraZeneca’s patent, but until the latest judgement by the court there was still the possibility of a long trial on the matter on inequitable conduct.

Under US patent law, a court may opt not to enforce a patent, even if it is valid, is the patentee has engaged in inequitable conduct, which can take the form of misrepresentation or omissions during the patent application process.

«We are pleased with the court’s decision to uphold our valid intellectual property. Seroquel remains an important part of our company’s portfolio benefiting patients and physicians throughout the world,» said David Brennan, chief executive officer of AstraZeneca.

Seroquel is AstraZeneca’s second biggest money earner, generating booked sales of $4bn last year.