Hyderabad based-Natco Pharma has won a patent battle against Israeli drug giant Teva Pharmaceuticals, over Copaxone, a drug used to treat multiple sclerosis. Natco markets Copaxone (Glatiramer Acetate) used in the treatment of relapsing-remitting multiple sclerosis — in the US market. The drug’s patent to Teva is set to expire in May.
Teva appealed The United States Patent and Trademark Office (PTO) to reissue U.S. Patent No. 5,800,808 (808 Patent). PTO issued a final office action rejecting its application, which was found to be invalid by the court of appeals for the Federal Circuit in July 2013.
Natco is pleased that the PTO has rejected the reissue application, confirming the indefiniteness for the second time and consistent with the Federal Circuit’s decision, and that the PTO continues to find all claims to be unpatentable.
Natco Pharma also added: “The final rejection issued today finds the first claim of the re-issue application, which is identical to the only claim in the ‘808 Patent, to be indefinite and both claims of the reissue application to be unpatentable based on obvious-type double patenting. In its ruling, the PTO refused to extend patent protection on Copaxone(R) past the patents that will expire in May 2014.”
by Akshatha Karthik