Patent Infringement - Mylan

AstraZeneca PLC 08 August 2003 ASTRAZENECA TO SEEK TRIPLE DAMAGES IN PATENT INFRINGEMENT LAWSUIT AGAINST MYLAN PHARMACEUTICALS AstraZeneca announced today that it will amend its lawsuit against Mylan Pharmaceuticals to seek triple damages for the wilful and intentional infringement of AstraZeneca's Prilosec(R) (omeprazole) formulation patents. In addition, AstraZeneca is filing suit to recover wilful infringement damages against Esteve Quimica, S.A. and Laboratorios Dr. Esteve, S.A., which are formulators of the Mylan omeprazole product. AstraZeneca reaffirms its commitment to vigorously defend its right to patent protection both in the remaining omeprazole patent infringement cases now pending in New York federal court, and in relation to the Schwarz/KUDCo formulation case now under appeal. The company will continue to monitor the situation closely and retains recourse to further legal action. On August 4, 2003 Mylan Pharmaceuticals announced it had begun sale of the 10mg and 20mg dosages of omeprazole delayed release-capsules. Mylan is one of the five defendants in the second wave of cases currently in the discovery phase. A trial date has not been set. Mylan has decided to launch at risk its generic omeprazole product even though AstraZeneca's two formulation patents were found valid following a trial in 2002, involving four other generic manufacturers. In a 275-page opinion, Federal District Court Judge Barbara S. Jones found that three of four generic manufacturers infringed AstraZeneca's formulation patents. Judge Jones ruled that Schwarz' formulation did not infringe the patents and Schwarz/KUDCo launched its version of generic omeprazole in December 2002. Cont... - 2 - AstraZeneca is a major international healthcare business engaged in the research, development, manufacture and marketing of prescription pharmaceuticals and the supply of healthcare services. It is one of the top five pharmaceutical companies in the world with healthcare sales of over $17.8 billion and leading positions in sales of gastrointestinal, oncology, cardiovascular, neuroscience and respiratory products. AstraZeneca is listed in the Dow Jones Sustainability Index (Global and European) as well as the FTSE4Good Index. - Ends - August 8, 2003 Media Enquiries: Emily Denney, Tel: +44 (0) 207 304 5034 Steve Brown, Tel: +44 (0) 207 304 5033 Rachel Bloom-Baglin, Tel: +1 302-886-7858 Investor Relations: Jonathan Hunt, Tel: +44 (0) 207 304 5087 Jorgen Winroth: +1 212-581-8720 This information is provided by RNS The company news service from the London Stock Exchange MSCNKFKDNBKDKFK

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AstraZeneca (AZN)
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