British drug-maker AstraZeneca, which is reviewing the 277-page Prilosec patent infringement case judgement of US district court, is contemplating steps to stop KUDCO from marketing the generic version of Prilosec, it is learnt. KUDCO, a subisidiary of Shwarz Pharma AG, is expected to make use of Andrx's first approval to market the generic version of Prilosec.
It may be recalled that the US court had found that KUDCO'S formulation of omeprazole did not infringe AstraZeneca's patents.
Industry analysts believe that AstraZeneca will definitely appeal against the court ruling, which gave it only a partial victory and allowed KUDCO to go ahead. However, a company spokesperson, when contacted in London, refused to confirm whether they were planning an appeal.
Prilosec, a treatment for acid-related stomach disorders, is AstraZeneca's US brand name for omeprazole. In 2001, Prilosec had sales of $3.7bn in the US. The worldwide sales of AstraZeneca omeprazole brands totaled $5.7bn.
According to Sir Tom McKillop, Chief Executive Officer of AstraZeneca, "We are reviewing the judge's ruling with respect to KUDCO and are considering the appropriate course of action."