Generic Makers to Challenge Ruling Upholding Teva Cancer Drug

Teva Pharmaceutical Industries Inc.‘s patents for cancer drug Bendeka are invalid, three companies seeking to sell generic versions of the drug will tell the Federal Circuit at argument Tuesday.

Mylan NV, Fresenius SE, and Apotex Inc. are appealing a U.S. District Court for the District of Delaware ruling that their proposed generics infringe four Teva patents on the drug.

Bendeka’s active ingredient “is an old drug used to treat cancer since the early 1970s,” Mylan and Fresenius argued in their opening brief. “Only incremental changes have been made since the early days of bendamustine usage, and ...