Court orders Teva patents to be delisted from Orange Book

A New Jersey, USA, federal judge has ruled that five patents covering Israel-based Teva Pharmaceutical Industries (NYSE: TEVA)-brand asthma inhalers were improperly listed in the Food and Drug Administration’s (FDA) Orange Book, in a win for US drugmaker Amneal Pharmaceuticals (NYSE: AMRX).

This decision comes on the heels of the FTC’s targeting of Orange Book patent listings, which began last fall when the Federal Trade Commission (FTC) issued a policy statement cautioning drug manufacturers against listing noncompliant dug patents in the Orange Book. The FTC followed this up by challenging over 100 patents related to asthma treatments held by 10 major pharmaceutical companies. If a patent is listed in the Orange Book, branded drugmakers can sue under patent law to stop the sale of rival generics.

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