RMMS Secures Invalidity Win on Copaxone® 40 (glatiramer acetate 40 mg/mL)

January 30, 2017 | Small Molecules

01/30/2017 The District Court of the District of Delaware (Judge Gregory Sleet) held the asserted claims of U.S. Patent Nos. 8,399,413, 8,232,250, 8,969,302, and 9,155,776 invalid as obvious under 35 U.S.C. §103, following a seven-day bench trial held in the fall of 2016. In the litigation, Plaintiffs Teva Pharmaceuticals USA Inc., Teva Pharmaceutical Industries Ltd., Teva Neuroscience Inc., and Yeda Research and Development Co. Ltd. (collectively ‘Teva’), sought to prevent marketing of a generic equivalent to Copaxone® 40 (glatiramer acetate 40 mg/ml) by a number of ANDA filers, including Sandoz Inc. (‘Sandoz’). For 2016, Teva reported profits of approximately $2.87 billion in the United States from sales of Copaxone® 40. RMMS attorneys appearing for Sandoz were William A. Rakoczy, Deanne M. Mazzochi, Rachel Pernic Waldron, Matthew V. Anderson, Thomas H. Ehrich, Erin M. Forbes and Christopher P. Galligan.

This victory continues to place RMMS at the forefront of generic challenges to brand pharmaceutical patents.