US District Court in Manhattan: Teva has not infringed on any valid patents of Purdue Pharma.
Teva Pharmaceutical Industries Ltd. (NYSE: TEVA; TASE: TEVA) has won a patent infringement case on generic painkiller OxyContin filed by Purdue Pharma LP. On Tuesday, US District Court for the Southern District of New York Judge Sidney Stein ruled in a nonjury trial that Teva did not infringe on Purdue's patents. Purdue plans to appeal.
Judge Stein invalidated some of the six Purdue patents covering the drug that were involved in the case. He said that while Teva infringed at least three of Purdue’s patents, it escaped liability for the infringement because it demonstrated that the patents were obvious and therefore invalid.
“The court concludes that Teva has not infringed on any valid patents asserted by plaintiffs,” Stein ruled. “Although plaintiffs have proved by a preponderance of the evidence that Teva’s proposed products infringe” upon four patents, “Teva has proved by clear and convincing evidence that the asserted claims of those patents are invalid.
OxyContin accounted for $2.81 billion of the $9.38 billion US prescription painkillers market in 2012 says IMS Health Inc.
Published by Globes [online], Israel business news - www.globes-online.com - on January 15, 2014
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