Pharmacy Daily | Apotex fails rosuvastatin bid

APOTEX has been unsuccessful in its bid this week, to have the interlocutory injunction removed from it regarding the marketing of its rosuvastatin products. In December Apotex was restrained by the interlocutory injunction from rosuvastatin products brought about by AstraZeneca, meaning that it cannot sell, supply, offer to sell or supply, solicit or take orders for, or advertise or promote its rosuvastatin products. “The continuation of the interlocutory injunction means that the Apotex rosuvastatin products will not be PBS listed on 1 April 2012 and Apotex will not be able to fulfil orders placed by customers prior to the injunction on 14 December 2011,” the company said in a letter to its customers. As a result of the decision, the injunction will now remain in place until the trial. As yet a trial date has not been set, but the court has suggested October 2012 as a possibility. “Apotex will have an opportunity at trial (estimated to be of 3 weeks duration) to fully ventilate its arguments,” the company said. Apotex remains confident that the patents are invalid and not infringed and that it will ultimately prevail in this litigation,” the company added. MEANWHILE, AstraZeneca has also commenced legal proceedings against Watson Pharm Pty Ltd. (Watson) and Actavis Australia Pty Ltd. (Actavis) asserting infringement of the dosage patent, formulation patent and HeFH patent for Crestor. A hearing is now set for 01 March 2012, in which it is expected AstraZeneca will seek interlocutory injunctions against both Watson and Actavis pending resolution of the infringement actions. Sandoz has agreed to an undertaking to refrain from launching a product pending decisions on the Apotex, Watson and Actavis injunctions.

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