US Supreme Court denies Teva's request for injunction relating to Mylan’s generic Copaxone

The US Supreme Court Chief Justice Roberts has denied Israeli generics giant Teva Pharmaceutical Industries’ (NYSE: TEVA) application for an injunction seeking to prevent USA-based Mylan Laboratories (Nasdaq: MYL) launch of a generic version of the multiple sclerosis product Copaxone (glatiramer acetate) pending the Supreme Court's decision on Teva's appeal.

In the decision announced on Friday, Justice Roberts wrote that he was not convinced Teva had shown the "likelihood of irreparable harm" if the application was denied, because if Teva wins the Supreme Court case it can seek damages from the generic companies, should they go ahead with launches of generic versions of Copaxone, for past infringement on its patents.

This is the second time that the Chief Justice has denied Teva's request for such an injunction. In March, the Supreme Court granted Teva's petition for certiorari seeking clarification of the standard of review that appellate courts should apply when considering appeals relating to the construction of a patent claim. Oral argument is expected to be heard in the fall of 2014 (The Pharma Letter April 1). Swiss drug major Novartis' (NOVN: VX) Sandoz unit is also developing a generic version of Copaxone, in partnership with Momenta Pharmaceuticals.