Ivax Corporation won a patent challenge case in the London High Court against GlaxoSmithKline's number one selling inhaled, combination asthma drug Seretide (known in the U.S. as Advair with global sales of over $4 billion. Annual sales of Seretide in the UK are approximately $240 million.
Ivax along with fellow claimants Cipla Ltd. and Neolab Ltd., Generics (UK) Ltd. and Arrow Generics Ltd., succeeded on the grounds of "obviousness" maintaining that it was a well-known and standard practice to use both a beta-2 agonist and a corticosteroid together for simultaneous or sequential administration by inhalation in the treatment of respiratory disorders. Justice Pumfrey, of the High Court, held that the patent was indeed obvious and in giving his judgment stated, "The claimants' case is in my view overwhelmingly strong." GlaxoSmithKline may have data exclusivity claims on the product which run through 2008 and has stated that it is considering an appeal of the trial.