The lawsuit is in response to an abbreviated new drug application filed by Ivax with the FDA for a generic version of the drug in the US prior to the expiration of five AstraZeneca patents. The expiration dates for these patents range from 2014 through to 2019.
AstraZeneca said in a statement that it “has full confidence in and will continue vigorously to defend and enforce its intellectual property rights protecting Nexium.”
In related news, AstraZeneca announced in February that it was launching an appeal against a US court decision that patents covering its heart medication Toprol XL were invalid and unenforceable. The ruling allowed generic drug makers to market cheaper versions of the drug. The patents covering Toprol XL were due to expire in September of this year.