As a result of this ruling, MNTA/NVS and MYL can launch generic Copaxone in May 2014 (instead of having to wait until Sep 2015), pending FDA approval, of course.
Musings on Teva’s ‘Hail Mary’ to get the USPTO to re-issue the ‘808 Copaxone patent (see Bloomberg blurb in #msg-99142024):
NVS/MNTA will certainly launch generic Copaxone “at-risk” as soon as they have FDA approval. The USPTO doesn’t have the power enjoin MNTA/NVS from launching; only a court can do that, and the CAFC has already sided with MNTA.
If the USPTO ends up re-issuing the ‘808 patent, it will presumably have the same expiration date (Sep 2015) as the original, and hence the patent may well have expired (or almost expired) by the time any final action by the USPTO is taken and potential re-litigation in the court system is completed.
Background: Teva’s ‘808 patent is a manufacturing process that the CAFC found invalid in a decision handed down in Jul 2013 (#msg-90361958, #msg-90362167).
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