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KRKA, d. d., Novo mesto

Litigation relating to esomeprazole product in Denmark

Krka, d. d., Novo mesto (hereinafter referred to as Krka) informs the interested public that on 9 April 2013 its subsidiary Krka Sverige AB, Sweden (hereinafter referred to as Krka Sverige) received the motion filed at the court in Copenhagen, Denmark against Krka Sverige by AstraZeneca, Sweden and AstraZeneca, Denmark (hereinafter referred to as AstraZeneca) in relation to the alleged infringement of patent EP 1 020 461 in Denmark. Astra Zeneca requires Krka Sverige to pay damages in the amount of DKK 73 million (EUR 9.7 million) with interest.

Patent EP 1 020 461 protects the active substance esomperazole with optic purity exceeding 99.8% of enantiomeric excess (an active ingredient of special level of purity). Active ingredient esomeprazole per se is not patent protected.

The product with esomeprazole sold by Krka Sverige does not contain esomeprazole with optic purity exceeding 99.8% of enantiomeric excess. Krka therefore believes that Krka Sverige will prove also in these proceedings that the aforesaid patent is not infringed.

In 2010 the Court in Copenhagen rejected finally the motion requested by AstraZeneca for issuing a temporary injunction because the court found that Krka did not infringe patent EP 1 020 461.

Krka published notice relating to the motion for the temporary injunction in Denmark on 15 December 2010.

Krka, d. d., Novo mesto
Date: 11.04.2013