Refer to my earlier blog post on Pantoprazole Jury decision (http://ippharmdoc.blogspot.com/2010/04/pantoprazole-sodium-protonix-patent.html).
Now, the pharma giant Teva Pharma announced that the U.S. District Court for the District of New Jersey denied Teva's motion to overturn key patent US4758579 (Expiry: Jan 19, 2011) w.r.t jury verdict finding the patent in suit not invalid.
As per press release from innovator Nycomed, Judge Jose L. Linares of the U.S. District Court for the District of New Jersey has confirmed the jury verdict in favor of Nycomed and Pfizer Inc. The decision upholds the jury verdict issued on April 23, 2010, confirming that the patent is valid and rejecting allegations by the defendants that the patent was invalid as obvious and invalid for double patenting
The Court also denied Wyeth and Nycomed's request for FDA to reset the date of Teva's final approval to January 2011, based on the fact that Teva has patent inequitable conduct defenses remaining at the District Court, including patent misuse. Accordingly, Teva is not prohibited from making further sales prior to January 2011, the date when the pediatric exclusivity expires. The Court has not yet issued its underlying reasoning for today's decisions. Teva continues to believe the patent is invalid and unenforceable and intends to pursue all available legal remedies including appeals.
Now, the pharma giant Teva Pharma announced that the U.S. District Court for the District of New Jersey denied Teva's motion to overturn key patent US4758579 (Expiry: Jan 19, 2011) w.r.t jury verdict finding the patent in suit not invalid.
As per press release from innovator Nycomed, Judge Jose L. Linares of the U.S. District Court for the District of New Jersey has confirmed the jury verdict in favor of Nycomed and Pfizer Inc. The decision upholds the jury verdict issued on April 23, 2010, confirming that the patent is valid and rejecting allegations by the defendants that the patent was invalid as obvious and invalid for double patenting
The Court also denied Wyeth and Nycomed's request for FDA to reset the date of Teva's final approval to January 2011, based on the fact that Teva has patent inequitable conduct defenses remaining at the District Court, including patent misuse. Accordingly, Teva is not prohibited from making further sales prior to January 2011, the date when the pediatric exclusivity expires. The Court has not yet issued its underlying reasoning for today's decisions. Teva continues to believe the patent is invalid and unenforceable and intends to pursue all available legal remedies including appeals.
As per Nycomed press release, Nycomed now will continue to vigorously pursue its damage claims in this case, resulting from the launch of generic versions of Pantoprazole tablets at-risk by generic players Teva and Sun. The generic version by Teva was launched in Nov, 2007 and by Sun in Jan, 2008. The said launch was at risk launch.
Source: Press Releases By
1) Teva (http://www.tevapharm.com/pr/2010/pr_948.asp)
2) Nycomed (http://www.nycomed.com/News/News-Releases/2010/Nycomeds%20US%20patent%20for%20Protonix%20pantoprazole%20valid.aspx)
3) Sun (http://sunpharma.com/admin/news/upload/Protonix%200710.pdf)
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