Teva Pharmaceuticals USA, Inc. v. Sandoz Inc.

The Federal Circuit affirmed the decision of the United States District Court of the District of Delaware invalidating all asserted claims of patents directed to COPAXONE® 40mg/mL, holding that the district court correctly held that the asserted claims were invalid as obvious under 35 U.S.C. 103.The patents at issue, collectively referred to as the “Copaxone patents,” shared a common specification and claim priority to the same two provision applications. The Copaxone patents described and claimed COPAXONE® 40 mg/mL, a product marketed for treatment of patients with relapsing forms of multiple sclerosis. This appeal arose out of five consolidated district court cases. Appellants sued Appellees, general drug manufacturers who sought to engage in the manufacture and sale of generic versions of COPAXONE® 40 mg, three times a week dosage, alleging that Appellees’ respective Abbreviated New Drug Applications infringed claims of the subject patents. The district court held all asserted claims of the Copaxone patents invalid as obvious under section 103. The Federal Circuit affirmed, holding that the district court did not err in invalidating all asserted claims of the Copaxone patents as obvious. View "Teva Pharmaceuticals USA, Inc. v. Sandoz Inc." on Justia Law