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Nycomed's U.S. Patent for Protonix(R) (pantoprazole) Valid

Monday, July 19, 2010 Corporate News
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Nycomed announced today that Judge Jose L. Linares of the U.S. DistrictCourt for the District of New Jersey has confirmed the jury verdict in favorof Nycomed and Pfizer Inc. The decision upholds the jury verdict issued onApril 23, 2010, confirming that the patent is valid and rejecting allegationsby the defendants that the patent was invalid as obvious and invalid fordouble patenting. Against KUDCo, the US generic drug business of the SchwarzPharma Group, which did not at-risk launch, final Judgment was entered as aresult of Judge Jose L. Linares' rulings.
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All issues regarding validity and infringement of Nycomed's U.S. patentfor Protonix(R) (pantoprazole) have been decided by the District Court inNycomed's and Pfizer's favor.
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Hakan Bjorklund, Chief Executive Officer of Nycomed, commented: "We arevery pleased that the court recognized and acknowledged that our patent isvalid. Patents represent the foundation of pharmaceutical innovation and arecrucial to bring new medicines and treatments to patients who need them."

Nycomed now will continue to vigorously pursue its damage claims in thiscase, resulting from the launch of generic versions of Protonix(R) at-risk byTeva and Sun. In 2007, before Teva and Sun started their patent infringinggeneric sales, Protonix(R) sales reached USD 1.9 billion(1), and have sincethen decreased considerably. Nycomed will also seek a rapid adjudication ofTeva's and Sun's remaining miscellaneous unenforceability defenses whichwere, together with Nycomed's damage claims, bifurcated from the first trial.

The pantoprazole patent, U.S. Patent No. 4,758,579, is owned by Nycomedand licensed to Wyeth(2), and expires in January 2011 (including pediatricexclusivity). Nycomed and Wyeth had filed their original patent infringementlawsuit in May 2004. In late 2007, Teva Pharmaceutical Industries Ltd.,launched a generic version of the product at-risk, followed by SunPharmaceutical Industries Ltd., in early 2008.

About Protonix(R) (Pantoprazole)

Protonix(R) (Pantoprazole) is a proton pump inhibitor (PPI) used toreduce or prevent the production of gastric acid. Pantoprazole is aneffective treatment for conditions where gastric acid reduction is required.It reduces the symptoms of a number of illnesses including stomach andintestinal gastric ulcers, heartburn, Gastro-esophageal Reflux Disease(GERD), and other related gastrointestinal diseases. Pantoprazole is alsoeffective in preventing NSAID-induced gastric ulcers and is used by patientsundergoing long-term NSAID therapy.

About Nycomed

Nycomed is a privately owned global pharmaceutical company with adifferentiated portfolio focused on branded medicines in gastroenterology,respiratory and inflammatory diseases, pain, osteoporosis and tissuemanagement. An extensive range of OTC products completes the portfolio.

Its R&D is structured around partnerships and in-licensing is acornerstone of the company's growth strategy.

Nycomed employs 12,000 associates worldwide, and its products areavailable in more than 100 countries. It has strong platforms in Europe andin fast-growing markets such as Russia/CIS and Latin America. While the USand Japan are commercialised through best-in-class partners, Nycomed plans tofurther strengthen its own position in key Asian markets.

Headquartered in Zurich, Switzerland, the company generated total salesof EUR 3.2 billion in 2009 and an adjusted EBITDA of EUR 1.1 billion.ZURICH, July 19, 2010 /PRNewswire/ -- - Nycomed's Protonix(R) Patent Found Infringed and not Obvious - U.S. District Court for the District of New Jersey has Upheld Jury Findings - Nycomed Will Continue to Vigorously Pursue its Damage Claims

SOURCE Nycomed
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