Biotech Values

[DewDiligence]

Re: Expiration of Teva's OB Copaxone patents

The issue I raised in #msg-54653868 concerns the expiration date of the seven Copaxone patents listed in the Orange Book, rather than the 5,800,808 patent, which is not listed. However, because a continuation patent assumes the expiration date of the application it “continues,” the 5,800,808 should expire on the same date as the seven Copaxone patents in the Orange Book.

The 5,800,808 patent says:

Parent Case Text

This application is a continuation-in-part of U.S. Ser. No. 08/344,248, filed Nov. 23, 1994, now abandoned, which is a continuation of U.S. Ser. No. 08/248,037, filed May 24, 1994, now abandoned.

Note that May 24, 2014, the expiration date shown in the Orange Book for the seven Copaxone patents that are listed, is exactly 20 years from the date in the excerpt above.

p.s. The 6,048,898 patent has the same continuation language as the 5,800,808, and hence it should expire on the same date.