AstraZeneca secures a win in safeguarding its diabetic drug patent


Palak Arora 19/10/21 #copyright #patent #trademarks #infringement #intellectualproperty #IPR #IPRinfo #IPlaw #IPRrights #Trademarkclickcom #IP #entrepreneur #AstraZeneca #ZydusPharmaceuticals #USA #USPTO #USDistrictCourt #Delaware #Farxiga #diabetes

AstraZeneca AB recently beat back generic drugmaker Zydus Pharmaceuticals (USA) Inc's challenge successfully in Delaware Federal Court to one of its patents. This patent deals with its blockbuster diabetes drug known as Farxiga. The matter was heard before U.S. District Judge Richard Andrews. He held the patent as valid after conducting a four-day proper bench trial in the month of May. He stated that the U.S. subsidiary of an Indian pharmaceutical company named Zydus Cadila failed miserably to prove its arguments that the relevant parts of the drug patent in question were obvious and unpatentable in nature.

Zydus challenged the validity of the patent as a response to patent infringement claims of AstraZeneca. These claims were brought over Zydus’ newly proposed generic version of Farxiga. This drug helped Cambridge, England-based AstraZeneca is making nearly $2 billion last fiscal year.

However, AstraZeneca did not immediately respond when it was requested for comment and similarly nor did Zydus or its attorneys. Zydus was represented by attorneys Michael Gaertner of Locke Lord; and John Phillips of Phillips, McLaughlin & Hall whereas attorneys Charles Lipsey of Finnegan, Henderson, Farabow, Garrett & Dunner; and Michael Kelly of McCarter & English were representing AstraZeneca before the US District Court. The patent in question not only covers the composition of Farxiga but also the method for using it to treat diabetes.

Zydus later admitted itself that its generic would definitely infringe AstraZeneca’s patent it would be declared as valid. But also argued in its favor that a combination of earlier publications where it is disclosing similar compounds made it obvious in nature.

The case can be reached with the name AstraZeneca AB v. Zydus Pharmaceuticals (USA) Inc, U.S. District Court for the District of Delaware bearing case no. 1:18-cv-00664.

It becomes very important for every company including the pharmaceutical sector to research well so as to avoid such intellectual property issues. Whether the matter is related to trademarks, designs, patents, or copyrights, one should be well aware of their essential features, expiration period, validity, and everything.

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