SSJR Wins Patent Infringement Trial for Apotex Regarding Budesonide (Pulmicort® Respules)
SSJR’s trial team successfully defended its client Apotex against a claim of patent infringement brought by AstraZeneca regarding a generic version of AstraZeneca’s Pulmicort Respules. AstraZeneca filed suit against Apotex and several other generic drug manufacturers for infringement of two U.S. patents directed to methods of use and formulations of budesonide. After a five month trial in Camden, the U.S. District Court for the District of New Jersey determined that (1) Apotex’s budesonide inhalation suspension does not infringe AstraZeneca’s U.S. Patent No. 7,524,834 and (2) AstraZeneca’s other asserted patent, U.S. Patent No. 6,598,603 is invalid. As a result of this ruling, true generic competition can now enter the Pulmicort Respules market that has estimated sales of more than $500 million dollars annually.