AstraZeneca granted summary judgment in Seroquel patent case
Decision makes it unlikely that generic version of drug will be available before 2011
Industry: Pharmaceutical
Defendant: AstraZeneca PLC
Plaintiff: Teva Pharmaceuticals Ltd; Sandoz (unit of Novartis)
Jurisdiction: U.S. District Court, District of New Jersey
Result: Summary judgment
Source: Jeanne Whalen, “AstraZeneca wins key patent victory,” Wall Street Journal, July 2, 2008; “Summary Judgment granted for SEROQUEL® patent litigation,” AstraZeneca Press Release, July 1, 2008.
A recent decision by the U.S. District Court for the District of New Jersey will likely cause a delay in a generic version of the drug Seroquel, a drug utilized in treating schizophrenia, from entering the US market. AstraZeneca prevailed in its motion for summary judgment against Teva Pharmaceuticals Ltd. and Sandoz, a unit of Novartis AG. The Court held that AstraZeneca had not obtained its patent for the drug through inequitable conduct and that the patent was valid. The issue of inequitable conduct was the only issue remaining in the case, since the issue of infringement and invalidity had already been conceded and jointly resolved in AstraZeneca’s favor.
In light of the ruling, introduction of the generic version of the drug proposed by Teva and Sandoz will be delayed. Teva stated it planned to appeal the decision.



