Biotech Values

[DewDiligence]

Re: MNTA/TEVA 40mg-Copaxone patent case

The case which was filed on December 19 relates to [TEVA’s] fifth Orange Book patent.

Thanks for the clarification. Craig Wheeler has asserted that TEVA’s fifth Orange Book patent on 40mg Copaxone will not have any consequence because it’s an obvious follow-on to TEVA’s other four Orange Book patents on 40mg Copaxone that were recently litigated.

Indeed, it appears that TEVA deliberately refrained (until now) from suing the Paragraph-IV challengers for infringing the fifth patent in order to cause a delay in the resolution of the court proceedings on 40mg Copaxone. Whether this ploy works remains to be seen, but the District Court may consider it an abuse of the Hatch-Waxman process.