Teva Pharmaceutical Industries Ltd., won a U.S. Supreme Court patent ruling that will help forestall generic competition to its top-selling multiple-sclerosis drug, Copaxone. The judges gave a reprieve to a Teva patent that will protect Copaxone from generics competition until September.
The ruling is a blow to Teva’s generic competitors – Mylan Inc., and petitioner Sandoz. When Sandoz, earlier tried to market generic version of the drug, Teva sued for patent infringement. Sandoz countered the patent and sought invalidation of the patent.
It is interested to note this case draws attention to two facts. 1) The District Court earlier had to consider conflicting expert evidence, with respect to patent claims. The court, after review concluded that patent claim was sufficiently definite and patent was thus valid.
2) What is the prognosis in contesting the molecular weight method of the active ingredient for seeking invalidation of the patent?
So, for now, generic versions will be off by few months, bringing some relief to Teva.