US jury finds Nycomed's US pantoprazole patent not invalid; Shire sues Teva over Intuniv patent; Nycomed/Merck & Co deal on Daxas

Independent Swiss drugmaker Nycomed and US giant Pfizer say that a jury in the US District Court for the District of New Jersey on April 23 rendered positive findings in a trial involving the main US patent covering their proton pump inhibitor anti-ulcerant pantoprazole (Protonix).

In September 2007, the same Court denied Wyeth (now part of Pfizer) and patent holder Nycomed's motion for a preliminary injunction against Israeli-owned Teva Pharmaceuticals USA and India's Sun Pharmaceuticals seeking to prevent the launch of a generic version of Protonix prior to resolution of ongoing patent litigation between the parties. The Court determined that Teva had raised sufficient questions about the validity of the patent to preclude issuance of the extraordinary remedy of a preliminary injunction. The Court did not conclude that the patent was invalid and emphasized that its findings were preliminary, and the case proceeded to trial. Nycomed and Wyeth had filed their patent infringement law suit against Teva and Sun Pharma in May 2004.

'We are pleased with the jury's findings,' stated Nycomed, adding: 'The jury held that the patent was not invalid, rejecting allegations by several generic companies that the patent was obvious. Legal issues remain to be decided by the presiding judge, United States District Judge Jose L Linares. The final decision of the court could be appealed. If we are successful at the end of this process, we will be seeking the full measure of our damages.'