Apotex and Impax lose appeal over US Prilosec patents
This article was originally published in Scrip
Executive Summary
A US appeals court has ruled that ImpaxLaboratories and Apotexinfringed two ofAstraZeneca's Prilosec (omeprazole) delayed-released formulation patents, affirming a lower court's decision. The ruling allows AstraZeneca to seek damages for defendants' infringement – both had gone to market unsupported by a court decision. The infringing Impax product has been marketed by Teva Pharmaceutical Industries.