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COPAXONE patents infringed, valid and enforceable – U.S. District Court

On June 22, 2012, the District Court for the Southern District of New York issued a decision that Sandoz/Momenta and Mylan/Natco infringed all of the asserted claims of Teva’s glatiramer acetate patents and that none of the asserted claims are invalid or unenforceable.  In response to paragraph IV notice letters, Teva had sued Sandoz/Momenta in 2008 and Mylan/Natco in 2009 and the two proceedings were consolidated.  According to Teva’s post-trial briefing, the patents-in-suit are U.S. Patent Nos. 5,981,589, 6,054,430, 6,342,476, 6,362,161, 6,620,847, 6,939,539 and 7,199,098 (“the Orange Book Patents”) and U.S. Patents Nos. 5,800,808, and 6,048,898, which are not listed in the Orange Book.  The seven Orange Book Patents and U.S. Patent No. 6,048,898 are set to expire on May 24, 2014 a U.S. Patent No. 5,800,808 is set to expire on September 1, 2015.

The Court’s opinion remains confidential pending the parties’ redactions, if any.

Teva’s press release announcing the decision may be found here.  Momenta’s press releases may be found here.