AstraZeneca’s Symbicort Patent Claims Nixed by Federal Court (1)

A federal judge in West Virginia invalidated key claims in AstraZenzeneca’s patent for the asthma and COPD drug Symbicort Wednesday, following a bench trial.

AstraZeneca sued Viatris Inc.'s Mylan Pharmaceuticals, Inc. in 2018 after Mylan sought FDA approval to begin making and selling a generic version of the inhaler-drug combination used to treat both asthma and chronic obstructive pulmonary disease.

Judge Irene M. Keeley of the US District Court for the Northern District of West Virginia wrote that the claims are “invalid for lack of enablement and lack of written description.”

The ruling comes after a 2020 AstraZeneca win in ...