AstraZeneca ordered to pay attorney's fees to Dr Reddy's
BS Reporter / Mumbai Apr 02, 2010, 01:35 IST
Drug major AstraZeneca has been ordered to pay attorney’s fees by a US court to Dr Reddy’s Laboratories (DRL) for bringing a “frivolous” and “baseless” patent infringement suit against the latter.
AstraZeneca’s litigation was to prevent DRL from launching a generic version of heartburn drug Prilosec’s (omeprazole magnetium) over the counter (OTC) version.
Judge Colleen McMahon of the US District Court for the Southern District of New York issued an order in favour of DRL, said reports from the US.
In a summary judgment two weeks ago, the same district court of the southern district of New York had ruled that the marketing application filed by DRL did not infringe the patent rights of AstraZeneca drug ‘Prilosec OTC’. The Prilosec OTC brand has an annual sales of over $360 million in the US market. “The recent ruling is a vindication of the position which Dr Reddy’s has taken throughout the case. We are pleased with the outcome of the case,” said a spokesperson at DRL.
The US Food and Drug Administration granted approval to DRL’s Abbreviated New Drug Application (ANDA) for Omeprazole Mg OTC in last July.
DRL started shipment of the product in December 2009. Apart from DRL, only Perrigo Pharma has launched a generic version in the US, said sources.
DRL’s formulation contains 20.6 mg omeprazole and the dosage form is a capsule.
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