Mylan has announced that the US Court of Appeals for the Federal Circuit has affirmed a May 2007 district court ruling stating that Mylan's 10mg and 20mg Omeprazole delayed-release capsules do not infringe patents asserted against Mylan by AstraZeneca. Omeprazole is the generic version of AstraZeneca's Prilosec.
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Mylan launched its Omeprazole products on August 4, 2003, despite the patent infringement litigation, which at the time was unprecedented in the generic pharmaceutical industry.
Robert Coury, vice chairman and CEO of Mylan, said: “Our original decision to launch this product means that consumers, the government and third-party payors have benefited significantly for nearly five years because they’ve had access to a lower-cost generic version of Prilosec.”
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