Mylan Inc. and Sandoz AG won the dismissal of lawsuits by 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 Petach Tikva, Israel-based Teva after they filed with the U.S. Food and Drug Administration for approval of generic drugs to compete with Teva’s Copaxone, which is prescribed to reduce the frequency of relapses in MS patients.
Mylan said in a statement today that it’s appealing a separate decision involving other Teva patents that were upheld in the same New York court.
“Today’s decision has no impact on our ongoing patent litigation with Mylan and Sandoz relating to Copaxone, which is currently under appeal,” Denise Bradley, a Teva spokeswoman, said in an e-mailed statement. “The patents at question in today’s decision are different than those involved in the appeal. We are reviewing the decision and have no further comment at this time.”
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).