THE GLAXO Pharmaceutical group is being sued in the Commercial Court over alleged infringement of patent in relation to inhaler products being sold here for treating asthma.
Mr Justice Peter Kelly yesterday admitted to the list the action by Ivax International Bv, trading as Ivax Pharmaceuticals Ireland, against the Glaxo Group Ltd.
Ivax is seeking an order revoking a patent registered in the name of Glaxo Group Ltd in 1990 in relation to “inhalation medicaments for treating respiratory disorders”.
The treatment consists of an inhaler which administers simultaneous doses of two drugs, salmeterol and fluticasone propionate.
Revocation of patents proceedings were also taken by Ivax in the UK some years ago in relation to the corresponding UK patent. It succeeded in 2004 in securing an order from the UK courts revoking that patent.
David Barniville SC, for Ivax, said yesterday he believed the case was overwhelming in light of the UK court decision of 2004. He asked the court to direct that Glaxo comply with directions for having the case heard speedily.
Cian Ferriter, for Glaxo, said Ivax had proceeded at a comatose pace to date and he would need some time to deal with the complex matters raised in the case.
Mr Justice Kelly said Ivax had advanced no explanation for not moving until now on foot of the 2004 UK decision, apart from saying it had not acted for commercial reasons. Given that delay, it could not now seek to have the case advanced at the “cracking pace” proposed. He adjourned to October.