GlaxoSmithKline (GSK) announced that the Commercial Court in Dublin, Ireland, has ruled in patent litigation regarding GSK’s Seretide, an inhaled respiratory treatment for asthma and COPD.
Justice Charleton ruled in favour of the claimants, Ivax Pharmaceuticals, Ireland, that under Irish law GSK’s Irish combination patent for Seretide (relating to the combination of the active ingredients salmeterol and fluticasone propionate and expiring in 2013) was not valid.
The decision relates solely to the Irish combination patent for Seretide and is not binding in any other jurisdiction. Other patents registered in Ireland related to Seretide include the Diskus dry powder inhaler and HFA aerosol formulation patents. In addition, significant technical hurdles exist in the development, manufacture and regulatory approval of inhaled respiratory medicines, the company said.
GSK is studying the judgment and will be exploring the possibility of an appeal to a higher court.