[The seven US Copaxone patents on which Teva based its original infringement complaint against MNTA/NVS are in the FDA Orange Book, are closely related, and expire on the same date (5/24/14); the patent numbers of these seven patents are listed in #msg-30960930. In contrast to these seven patents, the three additional patents on which Teva now claims infringement are not in the Orange Book and Teva has not revealed their patent numbers. That the additional patents are not in the Orange Book does not preclude a legal judgment in Teva’s favor on these patents; however, the additional patents’ omission from the Orange Book means that a 30-month Hatch-Waxman stay on FDA approval of generic Copaxone from MNTA/NVS does not apply to these patents, specifically. Teva has not yet disclosed when the three additional patents expire other than to say that they continue for "several years" beyond the 2014 expiration of the seven Orange Book patents.
More details will soon emerge on this patent case when the Markman hearing is held in December and the pleadings become a matter of public record. For now, what we know is that Teva alleges NVS stole its Copaxone trade secrets (#msg-36601428), and MNTA/NVS allege that Teva engaged in inequitable conduct in procuring the seven Copaxone patents in the Orange Book (#msg-33580867).]
JERUSALEM--(BUSINESS WIRE)--Teva Pharmaceutical Industries Ltd. (NASDAQ: TEVA) announced today it is seeking to amend its existing complaint against Momenta Pharmaceuticals, Inc./Sandoz Inc. to include patent infringement of three additional patents related to the characterization of COPAXONE (glatiramer acetate injection). The proposed updated complaint has been filed under seal with the U.S. District Court for the Southern District of New York along with a motion requesting that the Court grant Teva leave to amend.
Teva originally filed suit against Momenta/Sandoz in August 2008 for infringement of multiple patents (seven in the Orange Book which extend through May 24, 2014), covering the chemical composition of COPAXONE®, pharmaceutical compositions containing it and methods of using it[#msg-30960930]. Teva seeks leave to amend its complaint to include the additional patents related to the characterization of the active ingredient in COPAXONE®. These patents do not expire until several years after the patents currently in litigation.
COPAXONE® is a highly-complicated product to develop and manufacture, and given the inability to fully characterize the active ingredients of COPAXONE®, Teva has serious doubts about any generic applicant’s ability to demonstrate conclusively that the composition of its product is identical to that of COPAXONE®. Internal research at Teva has indicated that even minor changes in the synthetic process and/or molecular weight distribution of a glatiramoid (glatiramir acetate-like substance) can have severe ramifications on the safety and mechanism of action of the product.[“Internal” is the key word in this sentence :- )]
Teva contends that any company that files an application for any glatiramoid, via an ANDA or 505(b)(2) application, should conduct pre-clinical testing as well as full-scale, placebo-controlled clinical trials with measured clinical endpoints in MS patients to establish safety, efficacy and immunogenicity in this patient population.
Teva remains committed to vigorously defending its COPAXONE® intellectual property rights against infringement wherever they are challenged and intends to pursue all relevant regulatory avenues via the U.S. Food and Drug Administration (FDA). In September 2009, Teva received a Paragraph IV certification notice from Mylan Pharmaceuticals Inc./Natco Pharma Ltd. relating to their ANDA containing a Paragraph IV certification for COPAXONE®. On October 16, 2009, Teva filed a lawsuit in the U.S. District Court for the Southern District Court of New York with respect to Mylan’s filing. A trial date has not been set.‹
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