In re Omeprazole Patent Litigation

In re Omeprazole Patent Litigation

S.D.N.Y. (2002)

Fitzpatrick attorneys successfully defended AstraZeneca against claims that two patents relating to the prescription drug Prilosec® are invalid. Prilosec® is a drug used to treat gastric acid secretion disorders. The trial began in December 2001 and ended in June 2002. The Court issued its decision on October 11, 2002. In addition to rejecting Defendants’ argument that the two formulation patents were invalid, the Court held that three of four generic companies (Andrx Pharmaceuticals, Inc., Genpharm, Inc, and Cheminor Drugs Ltd.) infringe AstraZeneca’s formulation patents. On December 15, 2003, the Federal Circuit affirmed the District Court’s final judgment that AstraZeneca’s patents were valid and infringed by three defendants.