AstraZeneca Plc said that the U.S. District Court for the District of New Jersey has denied Teva Pharmaceutical Industries' motion for summary judgment of no infringement of patent litigation for AstraZeneca´s asthma treatment Pulmicort Respules.

The court also announced that a trial date will be scheduled and is likely to be in January 2009.

In October of 2005, AstraZeneca announced that it had filed a lawsuit in the U.S. District Court for the District of New Jersey against Ixax Pharmaceuticals, Inc. (now known as Teva Pharmaceutical Industries Ltd.) for patent infringement. The lawsuit is the result of an abbreviated New Drug Application filed by Teva with the U.S. Food and Drug Administration concerning its intent to market a generic version of AstraZeneca´s Pulmicort Repsule in the U.S, prior to the expiration of AstraZeneca´s patents in 2018, with pediatric exclusivity extending to 2019.

AstraZeneca said it is confident in the strength of the intellectual property protecting Pulmicort Respules

First half sales of the drug were $794 million.