A court of appeals in the US has dismissed an application by Teva Pharmaceutical Industries Ltd. (NYSE: TEVA; TASE: TEVA) to renew registration of four patents protecting Copaxone, its blockbuster multiple sclerosis treatment. The US Court of Appeals for the Federal Circuit upheld a 2017 decision by a Delaware court canceling the patents.
The court ruling represents a victory for a group of generic drug companies that includes Novartis and its partner Momenta Pharmaceuticals, as well as Mylan NV and its partner Natco Pharma.
Copaxone is Teva's biggest product. In 2017, it generated revenue of $3.8 billion, despite North American sales dropping 46% in the second quarter because of generic competition. The patents that are the subject of the current litigation cover the 40 mg dosage version of Copaxone, administered by injection three times a week. Teva was relying on them to repulse generic competition for this version of the drug until 2030. The generic companies successfully argued that this version was not substantially different from the 20 mg dosage version administered daily.
Teva is now placing its faith in a new migraine prevention product to secure its future, although it is embroiled in a patent battle with Eli Lilly over the basic technology for production of the drug.
Published by Globes [online], Israel business news - en.globes.co.il - on October 14, 2018
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