KRKA, d. d., Novo mesto

Patent for atorvastatin revoked at EPO

Krka, d. d., Novo mesto (hereinafter Krka) announces to the interested public that European Patent Office (hereinafter EPO) has revoked the patent EP 848 705, which refers to the active ingredient atorvastatin. The decision of the Board of the Appeal of the EPO is final. Company Warner Lambert Company LLC, the patentee, has at its disposal only extraordinary remedies which can be filed at the Enlarged Board of Appeal of the EPO, if it believes that its fundamental procedural rights had been violated or a criminal act might have had an impact on the decision.

Companies Warner Lambert Company LLC and Pfizer H.C. Corporation, both from the USA, have filed against Krka a motion for alleged infringement of the hereinabove mentioned patent at the District Court in Ljubljana in 2005.

EPO has already revoked the patent EP 0 839 132 in 2006 which alleged infringement has also been claimed in the same case against Krka.

Krka believes that by revocation of also the patent EP 848 705, the plaintiffs have lost legal grounds for asserting alleged infringement of their patents rights against Krka, thus Krka will immediately request that the District Court in Ljubljana rejects the claim as groundless.

Date: 14. 5. 2009