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US Court Rules In Favour Of AstraZeneca In Symbicort Patent Litigation With Mylan, Kindeva

AstraZeneca Plc. (AZN.L,AZN) said Wednesday that the US District Court for the Northern District of West Virginia has decided in favour of the company in litigation against Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P., determining that asserted claims in three of AstraZeneca's patents protecting Symbicort in the US are not invalid.

AstraZeneca initiated litigation in October 2018 against Mylan and subsequently against 3M Company asserting infringement of various US patents covering Symbicort. In July 2020, Kindeva was added as a defendant in the action. 3M was voluntarily dismissed from the case.

In September 2020, Mylan and Kindeva stipulated to patent infringement to the extent that the asserted patent claims were found to be valid and enforceable, but reserved the right to seek a vacatur of the stipulation if the US Court of Appeals for the Federal Circuit reverses or modifies the District Court's claim construction. At trial, Mylan and Kindeva contended that each asserted patent claim is invalid under the US patent laws.

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