Mylan, Sandoz Defeat Teva Patent Lawsuit Over Copaxone

Mylan Inc. (MYL) and Sandoz AG won the dismissal of lawsuits by Teva (TEVA) Pharmaceutical Industries Ltd. that claimed the drug companies infringed its patents for a medicine used to treat multiple sclerosis.

U.S. District Judge Katherine Forrest in Manhattan, granting the drug companies’ motions to dismiss the cases in their entirety, said they’re using technology different from what’s in Teva’s patents, according to a filing today.

“Any case or controversy that may have existed at the outset of these cases when filed has been mooted,” Forrest said in her opinion.

Sandoz, based in Basel, Switzerland, and Canonsburg, Pennsylvania-based Mylan were sued by Teva after they filed with the U.S. Food and Drug Administration for approval of generic drugs to compete with Petach Tikva, Israel-based Teva’s Copaxone, which is prescribed to reduce the frequency of relapses in MS patients.

The cases are Teva Pharmaceuticals USA v. Sandoz, 09-10112, and Teva Pharmaceuticals v. Mylan Pharmaceuticals, 10-7246, U.S. District Court, Southern District of New York (Manhattan).

To contact the reporter on this story: Don Jeffrey in New York at djeffrey1@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha in San Francisco at ‘ mhytha @bloomberg.net

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