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Technical Board of Appeal revokes Astra Zeneca's patent EP0613371 on “New combination of formoterol and budesonide"

Munich 18 October 2007 -- In the appeal case against the European patent EP0613371 ("Astra Zeneca/Asthma inhaler") the competent Technical Board of Appeal of the European Patent Office (EPO) has, at the end of public oral proceedings, announced its decision to revoke the patent in suit. The reasons for the decision will be given in writing in due time.

The patent had been granted by the EPO to Astra Zeneca AB, Södertälje/Sweden, on 6 March 2002, on the basis of a European patent application filed in 1993. Oppositions against the patent were filed by seven parties, namely Astellas Pharma Europe (NL), Miat (IT), Liconsa (ES), Chiesi Farmaceutici (IT), Zambon Group (IT), Generics Limited (GB) and Norton Healthcare (GB). The corresponding opposition procedure terminated in March 2005  and led to the maintenance of the patent in amended form. Appeals against the decision in opposition were lodged in July 2005. The case was heard by a Technical Board of Appeal of the EPO, a second instance judicial body of the Office.

For further information, please contact:

Rainer Osterwalder
Press Department, European Patent Office
D-80298 Munich
Tel.: +49 89/2399-1820
Fax: +49 89/2399-2850
Mobile: +49 163/8399-527
rosterwalder@epo.org