On Wednesday, AstraZeneca Plc (AZN.L, AZN) announced that the United States District Court for the Northern District of New York ruled in its favor in a case involving Mylan Pharmaceuticals Inc and Kindeva Drug Delivery LP.
It found that three of AstraZeneca’s patents covering Symbicort in the United States were not invalid.
In October 2018, AstraZeneca filed a lawsuit against Mylan and then 3M Company, alleging violation of several US patents covering Symbicort.
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Kindeva was added as a defendant in the case in July 2020.
3M voluntarily dropped out of the case.
Mylan and Kindeva agreed to patent infringement in September 2020, but only to the degree that the claimed patent claims were found to be legitimate and enforceable.
However, if the United States Court of Appeals for the Federal Circuit reverses or modifies the District Court’s claim construction, the businesses have reserved the right to seek vacatur of the stipulation.
Mylan and Kindeva argued at the trial that the claimed patent claims were all invalid under the US patent.
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