US Supreme Court agrees to hear Teva's Copaxone patent appeal

Israel’s Teva Pharmaceutical Industries (NYSE: TEVA), the world largest generic drugmaker, says that the US Supreme Court has granted the company’s Copaxone (glatiramer acetate) certiorari petition. Teva’s shares rose 6.9% to $52.84 in New York trading yesterday.

The Court will hear its appeal of a decision from the US Court of Appeals for the Federal Circuit that invalidated the claim of US Patent 5,800,808 (the ‘808 patent). The ‘808 patent expires on September 1, 2015 and claims a process for manufacturing the active ingredient of Teva’s blockbuster relapsing-remitting multiple sclerosis (RRMS) product, Copaxone.

Teva previously prevailed in the District Court regarding nine Copaxone patents, including the ‘808 patent. A ruling last year by the US Court of Appeals for the Federal Circuit upheld some of the Copaxone patents that expire in May 2014, while invalidating the ‘808 patent that is the subject of Teva’s now-granted certiorari petition.