WASHINGTON (CN) – Two generic drug makers infringed on AstraZeneca’s patent for the heartburn medication Prilosec, the Federal Circuit ruled.
The district court had ruled that Apotex and Impex violated AstraZeneca’s patent for the gastric-acid inhibitor.
Judge Bryson affirmed the lower court’s ruling, stating that sufficient evidence existed to support the infringement claim.
In a previous wave of litigation, the district court defined the effective amount of Prilosec’s active ingredient, which the companies exceeded.
Bryson also rejected the drug companies’ assertion that AstraZeneca reduced its invention to practice before testing.
“At the time, the inventors only believed that the formulation might solve the twin problems of in vivo stability and long-term storage,” Bryson wrote.