Generics file response to Teva in Copaxone patent fight
Send a link to a friend
[April 15, 2014]
By Lawrence Hurley
— Generic drug
manufacturers on Monday asked the U.S. Supreme Court to allow a
lower court ruling favoring them to take effect while the high court
considers an appeal in a patent fight over Teva Pharmaceutical
Industries Ltd's top-selling multiple sclerosis drug, Copaxone.
Novartis AG's Sandoz Inc, Momenta Pharmaceuticals
Inc, Mylan Inc and Natco Pharma Ltd were responding to a stay
application made by Teva to Chief Justice John Roberts last week.
The Supreme Court could now announce at any time whether it will
grant the request.
On March 31, the high court agreed to hear Teva's appeal of a July
2013 ruling by the U.S. Court of Appeals for the Federal Circuit in
favor of the two teams of generic companies. Sandoz is working with
Momenta, and Mylan has joined with Natco.
The appeals court had upheld some of Teva's nine patents involved in
the drug, or portions of them, but declared several invalid, meaning
patent protections were set to expire in May 2014 instead of
The outcome of the legal fight could determine how soon the generic
versions enter the market.
In their joint court filing, the companies said in part that Teva
had not shown that it would suffer "irreparable harm" if a stay was
If Teva ultimately wins the Supreme Court case, it could seek
damages from the generic companies for its loss of market share,
their lawyers noted.
[to top of second column]
The Supreme Court will only hear oral arguments in the Copaxone
case after its 2014 term begins in October. A ruling could come as
late as June 2015.
The case is Teva v. Sandoz, U.S. Supreme Court, 13-854.
(Reporting by Lawrence Hurley; editing by Howard Goller and Andrew
[© 2014 Thomson Reuters. All rights
Copyright 2014 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.