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.
The full summary of this case has been published on Kluwer IP Law.
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