Milbank Represents AstraZeneca in Second Wave Prilosec® Trial: Prilosec® Patents Upheld and Infringed by Drug Manufacturers Apotex and Impax
NEW YORK, June 1, 2007 – The Federal district court in Manhattan has found two AstraZeneca formulation patents for Prilosec® both valid and infringed by two manufacturers and distributors of generic omeprazole (Prilosec®). The international law firm Milbank, Tweed, Hadley & McCloy LLP, led by New York-based partner Errol B. Taylor, represented AstraZeneca in this second wave of Prilosec® trials. Prilosec® is one of the most widely prescribed medicines in history. Mr. Taylor is long-standing legal advisor to AstraZeneca and led the Milbank trial team that enforced these formulation patents during the second wave of Prilosec® litigation.
In a 368 page decision, Judge Barbara S. Jones of the United States District Court for the Southern District of New York upheld the patents, a ruling consistent with her October 2002 decision against the first wave of manufacturers and distributors. Judge Jones also found that the patents were infringed by defendants Apotex Corporation and Impax Laboratories, Inc., (manufacturer of a generic omeprazole product sold by Teva Pharmaceuticals Ltd.).
Commenting on the trial victory, Mr. Taylor stated, “The courts have once again confirmed the validity of the Prilosec® formulation patents. The findings of patent validity and infringement are significant. Trials of this size and scope are rare – four cases consolidated together and tried to the bench for almost three months – more than 40 trial days. The next step is to determine the relief AstraZeneca is entitled to. These defendants decided to sell at risk years ago.”
In addition to Mr. Taylor, the Milbank trial team was chaired by partner Fredrick M. Zullow, and included partner John M. Griem, Jr., and associates Lawrence Kass, Claire Gilmartin, Marc McKithen, Enrique Longton, David Haber, Emily Kunz, and Dana Weir.
The products sold by Mylan Laboratories and Lek Pharmaceuticals, Inc. (a unit of Sandoz), were found not to have infringed the patents. AstraZeneca is reviewing the ruling with respect to Mylan and Lek and continues to evaluate its options for further action.
Background
The first wave of Prilosec® cases began in 1999 against four defendants: Andrx, Cheminor, Genpharm and KUDCo/Schwartz Pharma. In October 2002, the court ruled that AstraZeneca’s patents were valid, with a finding of patent infringement against all defendants except KUDCo.
About Milbank
Milbank, Tweed, Hadley & McCloy LLP is a preeminent global law firm that for more than 140 years has provided innovative legal solutions in many of the world’s largest, most complex, “first-ever” corporate transactions and litigation. Our transactional expertise includes capital markets, corporate finance and transactions, project finance, acquisition finance, and other major fields of law practice. Milbank litigation teams resolve disputes involving mergers and acquisitions, proxy battles, financings and securities offerings, intellectual property, white collar crime, and corporate restructurings, among others. Our clients range from prominent multinational financial, industrial and commercial enterprises to governments, institutions and individuals. The Firm is headquartered in New York with offices in Beijing, Frankfurt, Hong Kong, London, Los Angeles, Munich, Singapore, Tokyo, and Washington, DC.