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Crestor Patent Invalidity Evidence Uncovered By Article One Partners Community
Date:7/1/2009

ng two separate paths to invalidity under "102 anticipation," including a U.S. patent, and obscure publications about a product offered in 1997. The patent has been asserted in litigation against Informed Decisions Corp./Cashnet and has been described by JSA as being widely licensed to universities.

Crestor Study & Industry Impact

Nine generic drug manufacturers have submitted Abbreviated New Drug Applications with Para IV certifications (ANDAs) to the U.S. Food and Drug Administration (FDA), seeking approval to market generic versions of Crestor. AstraZeneca countered with litigation for patent infringement against these nine drug companies, with court cases proceeding in the discovery phase, in the District of Delaware.

The Article One community uncovered references that are crucial for an invalidity position for the U.S. patent to Crestor. This includes references that can teach the claim elements, why the lead molecule would be selected, what results could be expected from substitutions to the lead molecule, and why a person of ordinary skill at the time would have applied the teachings to create the claimed invention. The references can form a clear, convincing invalidity position as verified by the independent outside counsel and expert referenced above. Both the Crestor and JSA Study proprietary collections of prior art are available for license from Article One.

"The U.S. Patent Office does high quality work, but its resources are limited to fully research the validity of all the patents it issues. With the public bearing the burden of this limitation by paying monopoly pricing, Article One provides a counter-balance through citizen's review of granted patents," said Cheryl Milone, Article One Partners founder and CEO. "This Patent Study related to AstraZeneca's Crestor drug is a perfect example, where the public has provided information to potentially correct an improper patent grant. T
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SOURCE Article One Partners, LLC
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