Teva Pharmaceutical Industries Ltd., (NYSE:TEVA) today announced that a positive judgment has been given by the UK High Court in support of Teva’s case against AstraZeneca relating to the validity of EP 1, 085, 877 covering the SMART (Single inhaler Maintenance And Reliever Therapy) indication for AstraZeneca’s fixed dose formoterol/budesonide combination product, Symbicort.
The Court agreed with Teva that AstraZeneca’s patent covering the SMART indication of Symbicort was obvious, and rejected AstraZeneca’s proposed amendments to the patent on the basis that they added matter. The case was brought to facilitate Teva’s European launch of its formoterol/budesonide fixed combination product, DuoResp Spiromax which utilizes Teva’s innovative Spiromaxdevice technology.
“Our DuoResp Spiromax product brings effective treatment to the patient in a device that is intuitive and easy to use, ” said Rob Koremans, MD, President and CEO, Teva Global Specialty Medicines. “Yesterday’s judgment is a big step in enabling us to make a difference to people’s lives in the UK and all across Europe.”
This is the latest decision in Teva’s favor in respect of AstraZeneca’s fixed dose, formoterol/budesonide combination product. The Teva Group has previously successfully revoked patents EP 0, 613, 371 and also, EP 1, 014, 993, covering the use of the fixed dose combination in the treatment of asthma and in COPD respectively, and their national equivalents, before the European Patent Office and the Norwegian court.