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Home Industry News AstraZeneca sees Symbicort patent revoked

AstraZeneca sees Symbicort patent revoked

19th October 2007

AstraZeneca announced that the European Patent Office (EPO) Technical Board of Appeal has ruled that the European Combination patent for Symbicort (formoterol and budesonide) has been revoked.

The final ruling follows an appeal from a group of generic manufacturers consisting of Liconsa, Miat, Generics UK and Norton Healthcare.

The patent (EPB0613371) related to Symbicort’s use as a medication for the treatment of asthma.

AstraZeneca’s chief executive officer David Brennan confirmed the company’s disappointment over the decision but insisted that Symbicort would continue to be an important part of growth potential across AstraZeneca’s markets.

“We do not believe that the EPO decision will have an immediate impact in the EU or any impact on the US or Japanese patents.”

He added that with the recent launch of Symbicort Smart in Europe, the company still has the opportunity to transform the way asthma is managed.

AstraZeneca has stated that it would defend and enforce its remaining intellectual property rights including Symbicort’s use in Chronic Obstructive Pulmonary Disease.

Earlier this month, AstraZeneca received confirmation from the EPO that its European process patent for Nexium is valid in its amended form.

The patent EP 0773940 was opposed by the German manufacturer Ratiopharm but the EPO ruling has upheld claims one and two for Nexium while claims three and four have seen only minor amendments made.

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