AstraZeneca Pharmaceuticals LP and AstraZeneca UK Ltd., v. Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Ltd and Sandoz, Inc.

AstraZeneca Pharmaceuticals LP and AstraZeneca UK Ltd., v. Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Ltd and Sandoz, Inc.

Fed. Cir. (2009)

Federal Circuit Affirms Summary Judgment of No Inequitable Conduct in Favor of AstraZeneca

On September 25, 2009, the Court of Appeals for the Federal Circuit affirmed a summary judgment of no inequitable conduct in favor of our client, AstraZeneca Pharmaceuticals. The patent at issue in the case covered AstraZeneca’s quetiapine fumarate atypical antipsychotic drug sold under the name Seroquel. The Court rejected arguments that AstraZeneca had failed to disclose certain information, or made misrepresentations, to the United States Patent and Trademark Office during prosecution of the patent application. In particular, the Court concluded that the evidence in the case “cannot support a finding that AstraZeneca misrepresented or omitted material information” and that “no evidence of bad faith has been proffered.”