KRKA, d. d., Novo mesto

Temporary injunction for alleged montelukast production process patent infringement in Poland

Krka`s subsidiary Krka-Polska Sp. Z o.o. Warsaw (hereinafter Krka Polska) received on 26 January 2009 the decision of the Commercial Court in Warsaw which prohibits Krka Polska to offer for sale, to manufacture, to place on market and to import the product Monkasta that contains montelukast active pharmaceutical ingredient in Poland due to alleged infringement of the patent PL 178 671.

The Court has granted the temporary injunction on request of Merck & Co., USA. The court has made the decision without hearing and without obtaining Krka Polska`s response. Krka Polska will file the appeal against that decision however the appeal does not withhold the execution of the Court's decision.

The Court has imposed to Merck & Co. to file the suit for alleged infringement in 14 days following the service of temporary injunction to Merck & Co. otherwise the temporary injunction will cease to be valid.

The patent PL 178 671 protects one of the manufacturing processes for montelukast. Krka manufactures montelukast according to the different process which does not to the best of Krka's knowledge infringe the stated patent of Merck & Co. in Poland.

Krka has started to market the product Monkasta on the polish market in January 2009.

Date: 29. 1. 2009