KRKA, d. d., Novo mesto
Decision of the court in Norway in esomeprazole case
Krka d.d., Novo mesto is informing the public that its subsidiary Krka Sverige AB, Sweden (hereafter referred as Krka Sverige) has received the decision of the Appeal Court in Oslo in the infringement proceeding between AstraZeneca AB, Sweden and its subsidiary AstraZeneca A/S, Sweden (hereinafter collectively referred as AstraZeneca) and Krka Sverige because of the alleged infringement of the patent NO 307 378 which protects product esomeprazole having a high optical purity.
The Appeal Court in Oslo decided that Krka Sverige infringed the patent NO 307 378. Krka Sverige has claimed that the patent NO 307 378 covers only esomeprazole having optical purity of 99.8% of enantiomeric excess (e.e.) or above, and scope of AstraZeneca’s invention is the same as in all other members of European Patent Convention. The Appeal Court in Oslo however ruled against Krka Sverige and concluded that the scope of invention is broader in Norway, thus the patent NO 307 378 covers any esomeprazole having optical purity above 98% e.e., and for this reason Krka’s product, which has optical purity above 98% e.e., falls into the scope of the patent and the patent is infringed.
Krka Sverige was selling its esomeprazole products in Norway from October to December 2010 when Krka was injuncted by the decision of the Oslo Enforcement Court. Krka Sverige must remunerate AstraZeneca for lost profits in the above period and legal costs. The aggregate amount is approx. EUR 2.0 million.
The decision is final. Krka will file an appeal at the Norwegian Supreme Court.
Krka sells its esomeprazole in most of the European countries since 2010.
Krka published the announcements considering esomeprazole litigation in Norway on 15 December 2010, 23 June 2011 and 23 April 2012.
Krka, d. d., Novo mesto