Last of Teva's three glatiramer so-called HBr patents revoked
Yesterday, in opposition proceedings filed by inter alia Synthon, the Technical Board of Appeal (TBA) of the European Patent Office revoked the last of Teva Pharmaceutical Industries' (NYSE: TEVA) three glatiramer so-called HBr patents which claimed an allegedly improved process for the synthesis of glatiramer acetate.
This decision clears the way for Dutch generics company Synthon’s generic glatiramer acetate, thereby giving European patients with relapsing remitting multiple sclerosis access to a clinically validated, affordable, efficacious and safe alternative to Teva’s blockbuster multiple sclerosis drug Copaxone. Synthon gained European approval for its copy version of Copaxone in April 2016.
Asserting one or more of these HBr patents, Teva filed applications for ex parte preliminary injunctions or other measures in 19 European countries against Synthon and/or Synthon’s partners which led to an even larger number of legal proceedings. This TBA decision confirms that these actions lacked legal basis and thus were unjustified.
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