Facts

Astrazeneca AB, Aktiebolaget Hassle, KBI-E Inc., KBI Inc., and Astrazeneca LP sued Apotex Corp., Apotex Inc., and TorPharm Inc. alleging patent infringement concerning the generic production of omeprazole, also known under the brand name, Prilosec. Omeprazole is an over the counter medicine that treats frequent heartburn by reducing the production of gastric acid. Although plaintiffs' omeprazole molecule patent had expired in 2001, its patents regarding the formulation of the drug, including the subject patent, didn't expire until 2007. Defendants, while preparing for the molecule patents expiration, filed a request with the Food and Drug Administration seeking to manufacture and sell omeprazole. Plaintiffs filed a suit for infringement.

Apotex, a Canadian pharmaceutical company, started selling the generic omeprazole in November 2003. In 2007, the district court found Apotex had infringed on Astrazeneca's patents. The finding was affirmed in 2008 by the federal circuit court. The only remaining issue for trial was for damages.

Result

U.S. District Judge Denise Cote awarded Astrazeneca $76,021,995 in damages, plus $28,345,428.00 in prejudgment interest, for a total judgment of $104,367,422.50.