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Pharma & Biotech

AstraZeneca says US court rules in its favour for Symbicort litigation

The pharma giant has been in litigation against Mylan and Kindeva

AstraZeneca PLC (LON:AZN) said that the US District Court for the Northern District of West Virginia has decided in its favour in litigation against Mylan and Kindeva.

The court determined that asserted claims in three of AstraZeneca's patents protecting asthma treatment Symbicort in the US are not invalid.

READ: AstraZeneca reportedly cashes in US$1.2bn after selling Moderna, Inc. stake

In October 2018, the FTSE 100 firm started litigation against Mylan and then against 3M Company for infringement of various US patents covering Symbicort.

In July 2020, Kindeva was added as a defendant while 3M was voluntarily dismissed from the case.

In September 2020, Mylan and Kindeva stipulated to patent infringement to the extent that the asserted patent claims were found to be valid and enforceable, but reserved the right to seek a vacatur of the stipulation if the US Court of Appeals for the Federal Circuit reverses or modifies the District Court's claim construction.

At trial, Mylan and Kindeva contended that each asserted patent claim is invalid under the US patent laws, AstraZeneca said.

"AstraZeneca is pleased with the Court's decision, and we maintain full confidence in the strength of our intellectual property rights protecting Symbicort,” said Ruud Dobber, Executive Vice President at the BioPharmaceuticals Business Unit, in a release.