Concluding that the asserted claims of patents relating to dosing and administration of the drug Copaxone used to treat multiple sclerosis are obvious, the U.S. Court of Appeals the Federal Circuit has affirmed a decision by the federal district court in Delaware invalidating the patents, handing a major victory to generic drug manufacturers. The Federal Circuit found the district court committed no error in construing claim terms as non-limiting for nonobviousness purposes or in invalidating as obvious all asserted claims of the Copaxone patents, including a 40-milligram dosage three times per week (Teva Pharmaceuticals USA, Inc. v. Sandoz Inc., October 12, 2018, Reyna, J.).
Case date: 12 October 2018
Case number: No. 2017-1575
Court: United States Court of Appeals, Federal Circuit
A full summary of this case has been published on Kluwer IP Law.