SmithKline Beecham’s patent for rosiglitazone maleate (Avendia) upheld

01-08-2011

Michael Factor

Rosiglitazone maleate (Avendia) is a patented drug used for the treatment of type II diabetes, which is manufactured by SmithKline Beecham (SKB) (now GlaxoSmithKline).

Rosiglitazone maleate (Avendia) is a patented drug used for the treatment of type II diabetes, which is manufactured by SmithKline Beecham (SKB) (now GlaxoSmithKline).

When Israel drug manufacturers Unipharm and Trima started manufacturing generic versions, SKB filed for an injunction and damages. Unipharm and Trima’s defence was that the patent in question was invalid, since it lacked novelty and inventive step in light of a European patent previously filed by SKB that published before the priority date of the infringed patent.

The District Court upheld the patent and found that the generic product, Rosi, produced by Unipharm and Trima infringed. However, lack of sales rendered the issue of unfair trade and compensation moot. The decision was appealed to the Israel Supreme Court.


SmithKline Beecham, patent, Avendia, Rosiglitazone maleate

WIPR