The Patents Registrar accepted Unipharm’s opposition to Lundbeck’s motion to extend the patent term for S-citalopram (the active ingredient in the drug Cipralex/Lexapro). The registrar decided that the marketing authorization for Cipramil (the racemic mixture) was the first regulatory approval for the S-enantiomer and that the conditions for extension were not met. The patent expired on May 2009.
Lundbeck filed an appeal with the District Court in Jerusalem. The Court dismissed the appeal. Lundbeck’s motion for leave to appeal to the Supreme Court was also denied.