AstraZeneca sues IVAX, alleging Nexium patent infringement

By Ted A. Knutson

Washington, March 8 - AstraZeneca said Wednesday it has filed a lawsuit in the U.S. District Court for the District of New Jersey against IVAX Corp., IVAX Pharmaceuticals, Inc. and Zenith Laboratories, Inc., and IVAX's parent, Teva Pharmaceutical Industries Ltd. and its U.S. subsidiary, Teva Pharmaceuticals USA, for willful infringement of AstraZeneca's patents protecting Nexium (esomeprazole magnesium).

The lawsuit is in response to an abbreviated New Drug Application filed by IVAX with the Food and Drug Administration regarding IVAX's intent to market a generic version of AstraZeneca's Nexium in the United States prior to the expiration of five AstraZeneca patents - Nos. 5,714,504; 5,877,192; 6,369,085; 6,428,810; and 6,875,872. The expiration dates for these patents range from 2014 through to 2019.

AstraZeneca said it has full confidence in and will continue vigorously to defend and enforce its intellectual property rights protecting Nexium, an anti-ulcer medication made by the company.

London-based AstraZeneca develops prescription medicines for cancer, inflammation and cardiovascular, gastrointestinal and respiratory diseases.

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