AstraZeneca to appeal Toprol-XL patent decision

By Lisa Kerner

Erie, Pa., Feb. 16 - AstraZeneca plc said it has filed a notice with the U.S. District Court for the Eastern District of Missouri that it is appealing the Jan. 17 decision declaring its U.S. compound patent number 5,081,154 and U.S. composition patent number 5,001,161, which cover the company's Toprol-XL (metoprolol succinate) extended-release tablets, as invalid and unenforceable.

The company maintained that both patents, which are due to expire on Sept. 17, 2007, are valid and enforceable.

London-based AstraZeneca develops prescription medicines for cancer, inflammation and cardiovascular, gastrointestinal and respiratory diseases.

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