Appeals Court Affirms SSJR Trial Victory for Apotex Invalidating AstraZeneca Budesonide Patent
The U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the invalidity of U.S. Patent No. 6,598,603 directed to once-a-day use of nebulized budesonide that covers AstraZeneca’s Pulmicort® Respules product. The opinion affirmed the ruling secured by SSJR in the trial court that the ‘603 patent was invalid as obvious because prior to the patent it was already known to use nebulizers to administer budesonide and that budesonide could be given effectively once-a-day. The opinion also remanded back to the trial court issues related to a second patent, U.S. Patent No. 7,524,834 directed to a sterilized form of budesonide. SSJR will continue to represent Apotex in the remanded trial proceeding at the U.S. District Court in New Jersey.