Canadian Court Finds No Infringement Of Merck’s Patent in Generic Atripla

The Federal Court of Canada Jan. 13 rejected an application by Merck Sharp & Dohme Corp. for an order blocking generic drug manufacturer Teva Canada Ltd. from producing a generic version of the HIV/AIDS drug Atripla (efavirenz/emtricitabine/tenofovir disoproxil fumarate) (Bristol-Myers Squibb v. Teva Canada Ltd.).

Merck failed to meet its burden of proving that Teva Canada’s generic tablets would contain the Form I version of efavirenz that is a critical component of Merck’s patent for the combination anti-retroviral drug, Justice Robert L. Barnes said in the ruling. The ruling, a redacted version that omits some sensitive manufacturing details, ...