EPO Rules AstraZeneca MUPS Patent Valid

The European Patent Office (EPO) Opposition Division today ruled that the European patent for a MUPS formulation (EP 723 437) is still valid in amended form, despite four oppositions from generic drug manufacturers.

This positive decision means that this patent covering a multiple unit tablet is still valid in Austria, Belgium, Switzerland, Germany, Denmark, Spain, France, UK, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, The Netherlands, Portugal, Sweden, Latvia, Lithuania and Slovenia until 2015.

MUPS stands for multiple unit pellet tablets, comprising a proton pump inhibitor (PPI) compound. The formulation is used for NexiumÒ and LosecÒ tablets and the amended claims still cover these products.

AstraZeneca has a comprehensive intellectual property portfolio protecting MUPS formulations as well as the products Nexium and Losec. More importantly, the intellectual property portfolio protecting Nexium includes additional patents with expiration dates ranging from 2009 through to 2018. In addition to these patents, Nexium has data exclusivity valid until March 2010 in most major European markets.


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Pete Vozzo (MedImmune), +1 (301) 398 4358