AstraZeneca said on Wednesday that the U.S. District Court for the Northern District decided in favour of the company in litigation against Mylan Pharmaceuticals Inc and Kindeva Drug Delivery LP.
It determined that asserted claims in three of AstraZeneca’s patents protecting Symbicort in the U.S were not invalid.
AstraZeneca initiated litigation in October 2018 against Mylan and subsequently against 3M Company asserting infringement of various U.S patents covering Symbicort.
In July 2020, Kindeva was added as a defendant in the action.
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.
However, the companies reserved the right to seek a vacatur of the stipulation if the U.S. Court of Appeals for the Federal Circuit reverses or modifies the District Court’s claim construction.
At the trial, Mylan and Kindeva contended that each asserted patent claim was invalid under the U.S patent.
dpa
