Zeneca Wins Legal Challenge To Casodex

Zeneca has claimed victory in its legal dispute with Schering Corp overthe right to sell its oral antiandrogen Casodex (bicalutamide) in the USA. On January 9, the US Court of Appeals upheld Zeneca's right to sell the drug for the treatment of advanced prostate cancer, reinforcing the earlier summary judgement of the US District Court in Delaware (Marketletter March 11, 1996).

Schering Corp had alleged that the use of Casodex in combination with a luteinizing hormone-releasing hormone agonist infringes a US patent jointly owned by Schering and Roussel Uclaf SA. Schering markets a similar drug in the USA, Eulexin (flutamide), and filed the writ in 1995, shortly after Zeneca published data suggesting that Casodex had advantages over Eulexin.

The Appeals Court ruled that Zeneca's license from Roussel Uclaf precluded any infringement, but did not pass judgement on a subsidiary action, on activities relating to Casodex prior to the licensing of the RU patent. Zeneca believes that this loose end is immaterial, as the license was granted before Casodex was put onto the market in the USA.