The European Patent Office ruled in favor of Teva in a patent opposition proceeding filed by Synthon and Mylan.
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Teva Pharmaceutical Industries Ltd. (NYSE: TEVA; TASE: TEVA) has announced that the European Patent Office ruled in favor of Teva in a patent opposition proceeding filed by Synthon BV, Mylan and an unidentified third party.
Teva’s US patent for Copaxone expired four days ago on April 28th, but to date no company has obtained US Food and Drug Administration (FDA) approval for generic Copaxone.
On September 6, 2012, the three opponents commenced an opposition proceeding against European Patent EP 2 177 528, a patent for COPAXONE (glatiramer acetate injection) expiring September 9, 2025.
In yesterday’s hearing, the European Patent Office specifically determined that claims 1-12 of the ‘528 patent are valid. Therefore infringing follow-on glatiramer products would not be able to launch prior to patent expiry.
Teva will continue to vigorously defend its COPAXONE intellectual property rights against infringement wherever they are challenged.
Teva is challenging the interpretation of its expiry patent in the US Supreme Court.