US court rules Actavis’ Atelvia patents invalid

The US District Court for the District of New Jersey has found that Ireland-headquartered Actavis’ (NYSE: ACT) US Patent Nos 7,645,459 and 7,645,460 protecting Atelvia (risedronate sodium delayed-release tablets, 35mg) in the USA are invalid.

Actavis' Warner Chilcott unit had accused Israel-based generics giant Teva Pharmaceutical Industries (NYSE: TEVA) of infringing two patents. Teva had previously acknowledged infringements, but US District Judge Faith Hochberg in yesterday’s ruling said the claims raised by Warner Chilcott were "obvious" and fell short of level of innovation necessary to warrant patent protection

"We are disappointed in today's ruling and strongly disagree with the Court's decision," said Brent Saunders, chief executive and president of Actavis, adding: "We are reviewing the decision and will evaluate all available options to defend our intellectual property rights on Atelvia, including an appeal."