German patent setback for GlaxoSmithKline’s Seretide
Published on 21/05/10 at 12:54pm
A Munich court has ruled GlaxoSmithKline’s combination patent for its asthma and COPD treatment Seretide is not valid.
The Federal Patents Court agreed with three generic firms, Mylan, Novartis’ Hexal unit and Teva’s subsidiary Ivax International, that the combination patent for Viani (as Seretide is marketed in Germany) was not valid under German law.
The case related to the combination of two active ingredients, salmeterol and fluticasone propionate, used in the inhaled treatment.
The decision only affects Viani’s combination product in Germany, not GSK’s other German patents for the treatment.
These include a Diskus dry powder and an HFA aerosol formulation, patents for which remain in force until 2011 and 2012 respectively.
Meanwhile, GSK says it is studying the decision on Viani’s combination product patent and will consider appealing to a higher court.
Ben Adams
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