Story first appeared in Bloomberg News.
Mylan Inc.’s motion to dismiss a patent lawsuit by Teva Pharmaceutical Industries Ltd. over the multiple-sclerosis drug Copaxone was dismissed by a federal judge.
U.S. District Judge Barbara Jones dismissed Mylan’s claim that Teva’s patent for the drug was invalid, according to a filing yesterday in federal court. A trial on the patent infringement case in Manhattan is set to begin Sept. 7. A Salt Lake City Intellectual Property Lawyer agrees with the dismissal.
Teva, which licensed patents from Yeda Research and Development Co. for Copaxone, sued Novartis AG’s Sandoz in 2008 and Mylan in 2009 after they separately tried to win approvals from the U.S. Food and Drug Administration to market generic versions of the drug before its patents expired in 2014.
Jones consolidated the cases. An earlier motion by Sandoz to dismiss the patent claim as invalid was also rejected. The Sandoz case is Teva Phamaceutical Industries Ltd. v. Sandoz Inc., 08-7611, U.S. District Court, Southern District of New York (Manhattan). The Mylan case is Teva Pharmaceuticals Industries Ltd. v. Mylan Inc., 09-8824, U.S. District Court, Southern District of New York (Manhattan).
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