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news.The Federal Patent Court in Munich has declared Pronova BioPharma's patent covering the active pharmaceutical ingredient of Omacor as invalid in Germany following the nullity action brought by KD Pharma Bexbach and Institute Biochimique against Pronova BioPharma in June 2006.
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Pronova BioPharma said that it strongly opposes this decision and will appeal the ruling, a process which is expected to last for several years. The patent in suit expires in August 2009 and Pronova BioPharma believes that this decision has minimal commercial implications for the company. This ruling does not affect the company’s right to supply and sell Omacor in Germany.
Tomas Settevik, CEO of Pronova BioPharma, said: “We strongly disagree with the decision by the Federal Patent Court in Germany and will appeal against the ruling. Our patents for the active pharmaceutical ingredient of Omacor are robust and we will continue vigorously to defend these in the courts.”