KRKA (KRK): Litigation relating to esomeprazole in Denmark - raport 43

UNI - EN REPORT No

43

/

2018

UNI - EN REPORT No43/2018

Krka, d. d., Novo mesto (hereinafter referred to as Krka) informs the interested public that its subsidiary Krka Sverige AB, Sweden, (hereinafter referred to as Krka Sverige) received the decision of the Eastern High Court in Copenhagen, Denmark, in the litigation for alleged infringement of the EP 1 020 461 patent in Denmark commenced by AstraZeneca, Sweden, and AstraZeneca, Denmark, (hereinafter referred to as AstraZeneca) against Krka Sverige.

The EP 1 020 461 patent protects the active substance esomeprazole with high optical purity, while active ingredient esomeprazole is not patent protected as a new medicine.

In February 2016 the Maritime and Commercial Court in Copenhagen found that Krka Sverige had infringed the patent and awarded damages to AstraZeneca.

Krka Sverige appealed to this first instance decision. After the trial the Eastern High Court in Copenhagen reversed the first instance decision. The Court found that Krka Sverige had not infringed the patent and rejected the claim for damages.

The decision is final. AstraZeneca can file an application for leave to appeal at the Danish Supreme Court.

Krka published notices about this litigation on 15 December 2010, 11 April 2013 and 25 February 2016.