KRKA, d. d., Novo mesto

Decision of the Court of Appeal in Oslo, Norway in losartan case

Krka, d. d., Novo mesto announces to the interested public that on 15 September 2009 Krka, d. d., Novo mesto received the decision of the Court of Appeal in Oslo, Norway in the dispute between the companies Merck & Co. Inc. and its affiliates Merck and Company, Incorporated, Merck Sharp & Dohme BV, MSD Norge A/S (hereinafter »MSD«) and Krka, d.d., Novo mesto and its affiliate Krka Sverige AB (hereinafter »Krka«), concerning an alleged infringement of a patent protecting production of losartan ingredient in Norway.

The Court of Appeal confirmed the decision of the court of first instance that Krka does not infringe the stated patent. Based on the stated decision of the court of first instance MSD is obliged to restitute damages to KRKA arising out of the issued preliminary injunction prohibiting sales of Krka's products with losartan ingredient in Norway throughout the duration of the dispute, in the amount of NOK 30 million (approximately EUR 3.5 million) together with default interest and all costs of the proceedings in the amount of NOK 2.3 million (approximately EUR 267 thousand).

MSD can appeal against this judgement to the Supreme Court of Norway.

Krka published the announcement considering the court of first instance judgement on 26 June 2008.

Date: 16. 9. 2009