Biotech News - Teva Pharmaceutical Industries Ltd (ADR) (Public, NASDAQ:TEVA)
Teva Pharmaceutical Industries Ltd (ADR) (Public, NASDAQ:TEVA)
Mundipharma Receives Boost to European Oxycontin Patent Position;
Teva Withdraws Challenge from European Patent Office
Mundipharma International Ltd announces a strengthening of its
position with respect to European patents on its leading product,
OxyContin® (oxycodone HCl controlled-release) tablets, following an
agreement between Purdue Pharma L.P. and its associated companies
and Teva Pharmaceuticals that has led to the withdrawal by Teva
Pharmaceuticals Europe B.V. of its challenge to OxyContin® patents
in the European Patent Office and cancellation of the patent
infringement case that was pending in the Netherlands District Court
of the Hague.
Teva's withdrawal of its European challenge and cancellation of its
infringement case involving OxyContin® come after Teva recognised
the validity of the OxyContin® patents pursuant to an agreement with
the Purdue companies executed on August 29, 2006. Under the terms of
that agreement, Teva also admits that the OxyContin® patents are
infringed by Teva's extended-release oxycodone products. In the
United States, Teva will discontinue sales of its generic version of
OxyContin® subject to certain contingencies contained in its
agreement with Purdue that permit Teva to remain on the market at
least through March 31, 2007.
The Teva agreement follows a decision by the United States Court of
Appeals for the Federal Circuit that vacated a previous trial court
finding of unenforceability: "The patents being asserted in favour
of OxyContin® have been properly examined and rightly granted. We
will vigorously defend the rights they convey against anyone who
attempts to infringe on those rights" said Åke Wikström, Regional
Director, Europe, Mundipharma International Ltd.
Separately, Endo Pharmaceuticals Inc. has agreed that its extended-
release oxycodone products infringe certain of Purdue's, and its
associated companies', OxyContin® patents in the U.S., Europe and
Canada and that it will not dispute the validity of any of Purdue's,
or its associated companies', patents anywhere in the world. Consent
judgments reflecting some of the terms of the Teva and Endo
settlements have been signed and entered by a federal judge of the
United States District Court for the Southern District of New York.
As a matter of good public health policy, it is vital that patents
awarded for scientific and medical inventions be respected. Patents
protect inventors and, in the fields of science and medicine, they
protect patients as well, who benefit from the fruits of medical
research. The inventions protected by patents help to fund further
research and thus lead to additional progress towards finding and
providing the best possible medicines to relieve human suffering.
Mundipharma's independent associated companies invested in excess of
EUR250 million to develop OxyContin® and continue to commit millions
of Euros to the ongoing research and development of important new
medicines in fields such as pain management, haemato-oncology and
respiratory conditions.
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