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US court decision favors Symbicort in patent litigation

Ruud Dobber

The US District Court for the Northern District of West Virginia has decided in favor of AstraZeneca in litigation against Mylan Pharmaceuticals and Kindeva Drug Delivery, determining that asserted claims in three of AstraZeneca’s patents protecting Symbicort (budesonide/formoterol) in the US are not invalid.

“AstraZeneca is pleased with the Court’s decision, and we maintain full confidence in the strength of our intellectual property rights protecting Symbicort,” says Ruud Dobber, Executive Vice President, BioPharmaceuticals Business Unit, AstraZeneca.

Symbicort US patent trial

In October 2018, AstraZeneca initiated litigation against Mylan and subsequently against 3M Company (3M) asserting infringement of various US patents covering Symbicort. In July 2020, Kindeva was added as a defendant in the action. 3M was voluntarily dismissed from the case.

In September 2020, Mylan and Kindeva stipulated to patent infringement to the extent that the asserted patent claims were found to be valid and enforceable, but reserved the right to seek a vacatur of the stipulation if the US Court of Appeals for the Federal Circuit reverses or modifies the District Court’s claim construction. At trial, Mylan and Kindeva contended that each asserted patent claim is invalid under the US patent laws.

Photo of Ruud Dobber: AstraZeneca