Norway: Esomeprazole, Court of Appeal Borgarting 24 January 2014
Kluwer Patent Blog
May 13, 2014
Please refer to this post as:, ‘Norway: Esomeprazole, Court of Appeal Borgarting 24 January 2014’, Kluwer Patent Blog, May 13 2014, http://patentblog.kluweriplaw.com/2014/05/13/norway-esomeprazole-court-of-appeal-borgarting-24-january-2014/
The Court of Appeal held that the esomeprazole salt in Krka’s product with an optical purity of 98.8 – 99.5 % e.e. (enantiomeric excess) was an “optically pure compound” as claimed in AstraZeneca’s patent NO 307 378. The Court of Appeal upheld the judgment of the Oslo District Court granting AstraZeneca an injunction preventing Krka from marketing its generic esomeprazole product in Norway and awarding AstraZeneca NOK 14 mill in damages for Krka’s past sales of its product.