CRESTOR® US Patent Upheld by Court of Appeals for the Federal Circuit

  CRESTOR® US Patent Upheld by Court of Appeals for the Federal Circuit

Business Wire

WILMINGTON, Del. -- December 14, 2012

AstraZeneca (NYSE: AZN) announced today that the Court of Appeals for the
Federal Circuit has upheld the decision of the District Court, District of
Delaware, finding that the substance patent protecting CRESTOR (rosuvastatin
calcium) (RE37,314 – the ‘314 patent) is valid and enforceable. The defendants
may seek a rehearing and/or review by the U.S. Supreme Court. Absent a
reversal of this decision, none of the Abbreviated New Drug Applications
(ANDAs) filed by Apotex, Aurobindo, Cobalt, Glenmark, Mylan, Par, Sandoz, Sun,
Teva and Torrent may be approved by the FDA prior to expiration of the ‘314
patent. The ‘314 patent, which expires in 2016, covers rosuvastatin calcium,
the active ingredient in CRESTOR.

The Federal Circuit also held that Apotex Corp. was liable as a submitter and
is therefore bound by the District Court’s decision.

NOTES TO EDITORS

About the Trial

Beginning in 2007, nine generic drug manufacturers filed ANDAs along with
Paragraph IV certifications of non-infringement, invalidity, or
unenforceability with respect to the CRESTOR ‘314 substance patent.
AstraZeneca and Shionogi (the owner of the ‘314 patent) filed patent
infringement suits against eight manufacturers (various parent or subsidiary
entities of Apotex, Aurobindo, Cobalt, Mylan, Par, Sandoz, Sun and Teva) who
had challenged the ‘314 substance patent. These suits were consolidated by
order of the Judicial Panel on Multidistrict Litigation and tried in the U.S.
District Court, District of Delaware. Trial commenced on February 22, 2010
before Judge Farnan and ended on March 3, 2010.

In June 2010, the US District Court for the District of Delaware found the
‘314 patent valid and enforceable and infringed by the eight generic
defendants.

About AstraZeneca

AstraZeneca is a global, innovation-driven biopharmaceutical business with a
primary focus on the discovery, development and commercialization of
prescription medicines for gastrointestinal, cardiovascular, neuroscience,
respiratory and inflammation, oncology and infectious disease. AstraZeneca
operates in over 100 countries and its innovative medicines are used by
millions of patients worldwide.

For more information about AstraZeneca in the U.S. or our AZ&Me™ Prescription
Savings programs, please visit: www.astrazeneca-us.com or call 1-800-AZandMe
(292-6363).

Contact:

AstraZeneca
Media Inquiries UK:
Esra Erkal-Paler, +44 207 604 8030
Esra.Erkal-Paler@astrazeneca.com
or
Media Inquiries US:
Tony Jewell, +1 302 885 4594
Tony.Jewell@astrazeneca.com
or
Investor Inquiries UK
James Ward-Lilley, +44 20 7604 8122 mob: +44 7785 432613
Karl Hård, +44 20 7604 8123 mob: +44 7789 654364
Nicklas Westerholm, +44 20 7604 8124 mob: +44 7585 404950
or
Investor Inquiries US
Ed Seage, +1 302 886 4065 mob: +1 302 373 1361
Colleen Proctor, +1 302 886 1842 mob: + 1 302 357 4882
 
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