Teva Must Delist Asthma-Inhaler Patents, Appeals Court Rules (1)

Five patents related to Teva Pharmaceutical Industries Ltd.’s ProAir HFA asthma inhaler don’t cover the treatment’s active ingredient and must be delisted from the US Food and Drug Administration’s registry of approved drugs, a US appeals court ruled.

A New Jersey district court correctly ruled that the patents, which cover the device’s components, were improperly listed in the FDA’s Orange Book because they don’t claim the drug’s active ingredient, albuterol sulfate, Circuit Judge Sharon Prost wrote for a three-judge panel in a precedential opinion issued Friday in the US Court of Appeals for the Federal Circuit.

The decision affirmed a ...