Nycomed and Pfizer Inc. confirmed today that a jury in the U.S. District Court for the District of New Jersey has rendered positive findings in a trial involving the main U.S. patent covering pantoprazole (Protonix®).
We are pleased with the jury's findings. 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.
The pantoprazole patent, U.S. Patent No. 4,758,579, is owned by Nycomed and licensed to Wyeth1, and expires in January 2011 (including pediatric exclusivity). Nycomed and Wyeth had filed their patent infringement lawsuit against Teva and Sun Pharma in May 2004.
1 Wyeth is a fully owned subsidiary of Pfizer Inc. (NYSE: PFE) as of October 15, 2009.
About Protonix® (Pantoprazole)
Protonix® (Pantoprazole) is a proton pump inhibitor (PPI) used to reduce or prevent the production of gastric acid. Pantoprazole is an effective treatment for conditions where gastric acid reduction is required. It reduces the symptoms of a number of illnesses including stomach and intestinal gastric ulcers, heartburn, Gastro-esophageal Reflux Disease (GERD), and other related gastrointestinal diseases. Pantoprazole is also effective in preventing NSAID-induced gastric ulcers and is used by patients undergoing long-term NSAID therapy.
Nycomed is a privately owned global pharmaceutical company with a differentiated portfolio focused on branded medicines in gastroenterology, respiratory and inflammatory diseases, pain, osteoporosis and tissue management. An extensive range of OTC products completes the portfolio.
Its R&D is structured around partnerships and in-licensing is a cornerstone of the company's growth strategy.
Nycomed employs 12,000 associates worldwide, and its products are available in more than 100 countries. It has strong platforms in Europe and in fast-growing markets such as Russia/CIS and Latin America. While the US and Japan are commercialised through best-in-class partners, Nycomed plans to further strengthen its own position in key Asian markets.
Headquartered in Zurich, Switzerland, the company generated total sales of €3.2 billion in 2009 and an adjusted EBITDA of €1.1 billion.
For more information visit www.nycomed.com