Australia's Mayne Fails in UK Suit on Pfizer Cancer Drug

Australian generics maker Mayne Group announced that it has lost a legal challenge on the breast cancer treatment epirubicin. The patent on the drug is held by Pharmacia Italia, a unit of US drug major Pfizer. The Australian company has allowed AUD5mn (US$3.93mn) for costs on the case.

Mayne had secured a favourable ruling in the English High Court of Justice in October, but a subsequent appeal ruled in favour of Pharmacia on a technicality. Mayne had initiated legal proceedings in April, seeking a declaration that its product did not infringe the existing patent, due to expire in June 2006.

Meanwhile, the company is confident that ongoing litigation in Australia and Canada will be successful, and claims that the English ruling does not set a binding precedent. Mayne is expected to report an AUD35mn (US$27.48mn) net profit before exceptional items for the first half of its financial year.