KRKA, d. d., Novo mesto

Temporary injunction annulment relating to alleged montelukast patent infringement in Poland

Krka`s subsidiary Krka-Polska Sp. Z o.o. Warsaw (hereinafter Krka Polska) received on 29 April 2009 the decision of the Appellative Court in Warsaw, Poland by which the court complied with the appeal filed by Krka Polska. This decision annuls the ex parte temporary injunction of the Commercial Court in Warsaw, Poland from 26 January 2009 for alleged patent infringement of the patent PL 178 671 of Merck & Co., USA for production of montelukast active pharmaceutical ingredient in Poland and which prohibited Krka Polska to offer for sale, to manufacture, to place on market and to import the product Monkast containing montelukast active pharmaceutical ingredient in Poland. Krka published the information about the temporary injunction on 28 January 2009.

The court decision is final. Therefore Krka Polska will again start selling the product Monkasta in Poland.

The procedure relating to the alleged infringement of the patent PL 178 671 is still ongoing. Krka Polska believes that it does not infringe this patent, which it will prove in the court procedure.

Date: 5. 5. 2009