AstraZeneca wins patent case against Krka

On 18 February 2016 AstraZeneca won a patent case against generic pharmaceuticals producer Krka and was awarded damages and compensation. Plesner assisted AstraZeneca in the matter.

The main question in the case was whether Krka Sverige AB in the marketing of the pharmaceutical Esomeprazole "Krka" in Denmark in the period from 8 March 2010 to 27 May 2014 (patent expiry) has infringed AstraZeneca AB's and AstraZeneca A/S' rights to patent DK/EP 1 020 461.

AstraZeneca had in 2010 brought a preliminary injunction case against Krka, but the Bailiff's court refused by order of 10 December 2010 to grant the injunction. On 8 March 2013, AstraZeneca filed a case before the Maritime and Commercial Court for damages. The Maritime and Commercial High Court found on 18 February 2016 that Esomeprazole "Krka" was manufactured in violation of one of the two concerned patent claims and awarded AstraZeneca damages and compensation.

Peter-Ulrik Plesner and Kasper Frahm litigated the case for AstraZeneca.

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