Teva’s Patents Infringed, U.S. Judge Rules

Patent claims that Teva Pharmaceutical Industries Ltd. (TEVA) brought against Novartis AG’s (NVS) Sandoz unit, Mylan Inc. (MYL) and Momenta Pharmaceuticals Inc. (MNTA) are infringed, valid and enforceable, a federal judge ruled.

U.S. District Judge Barbara Jones in Manhattan today ruled that drug applications for the multiple sclerosis medicine Copaxone made by Sandoz and Mylan “infringe all of the asserted claims,” according to a court order.

The order doesn’t name Momenta, though in a statement issued by Globe Newswire, the company’s Chief Executive Officer Craig Wheeler said the company will appeal the ruling.

“We are disappointed that the court determined that Teva’s patents were valid and infringed, and we look forward to reading the full opinion to understand its reasoning,” Wheeler said in the statement. “We remain confident in our legal position and we intend to appeal.”

Teva sued Basel, Switzerland-based Novartis and Cambridge, Massachusetts-based Momenta, saying that copies of Copaxone would infringe four patents that expire in 2014.

Nina Devlin, a Mylan spokeswoman, and Novartis spokeswoman Julie Masow didn’t immediately return calls after regular business hours seeking comment on the ruling.

The case is Teva Pharmaceuticals USA Inc. v. Sandoz Inc., 08-cv-07611, U.S. District Court, Southern District of New York (Manhattan).

To contact the reporter on this story: Joel Rosenblatt in San Francisco at

To contact the editor responsible for this story: Michael Hytha at

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