By Sherri Oslick --
Late last week, Judge Pisano of the District Court of New Jersey granted summary judgment of no inequitable conduct in favor of AstraZeneca in its consolidated Paragraph IV litigation against Teva Pharmaceuticals and Sandoz, Inc. over AstraZeneca's antipsychotic drug Seroquel®. Because the Defendants previously abandoned their other defenses, no issues remain for trial; AstraZeneca has petitioned for entry of final judgment.
The patent-in-suit, U.S. Patent No. 4,879,288 ("Novel Dibenzothiazepine Antipsychotic," issued November 7, 1989), covers quetiapine fumarate, the active ingredient in Seroquel®, used to treat schizophrenia and bipolar disorder. The original case, 05-cv-05333 (JAP) was consolidated with later filed cases, including one against Sandoz as reported here, and one against Teva, as reported here.
AstraZeneca moved for summary judgment of no inequitable conduct on March 18, 2008. The Defendants had alleged multiple bases for their charge of inequitable conduct, however, Judge Pisano found the alleged omissions to lack sufficient materiality to constitute inequitable conduct. Additionally, the Court found that the Defendants had failed to present
evidence of intent. AstraZeneca's motion was granted on July 1, 2008.
For additional information, please see:
• Judge Pisano's opinion
• AstraZeneca's press release
• "Court Report," July 1, 2007
• "Court Report," April 15, 2007
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