EPO REJECTS ONE OF ASTRAZENECA'S NEXIUM PATENTS

AstraZeneca announced yesterday that the European Patent Office (EPO) has ruled that one of the company's European substance patents for Nexium (0652872) will be rejected, following an appeal from the German generic manufacturer Ratiopharm. The original expiration date for this patent was in 2014.

Nexium is AstraZeneca's prescription drug for heartburn relief.

While disappointed with the EPO's decision, AstraZeneca said it has confidence in the intellectual property portfolio protecting Nexium. This portfolio includes patents on the process and method of use and additional substance patents with expiration dates ranging from 2009 through to 2019. In addition to these patents, Nexium has data exclusivity valid to 2010 in major European markets.

A process patent, 0773940, is under opposition with the EPO, and an Opposition Division oral hearing is scheduled for March 7.

AstraZeneca said it will defend and enforce its intellectual property rights protecting Nexium. Worldwide sales of the drug reached $4.6 billion in 2005, with Europe accounting for $1.1 billion.