Court Favors Generic Makers by Ruling Patents on Bone Drug Actonel Invalid

April 1, 2014, 9:26 PM UTC

A federal district court March 28 ruled in favor of generic drugmakers that patents related to the Warner Chilcott Co. and Hoffmann-La Roche Inc. bone drug Actonel were invalid (Warner Chilcott Co. v. Teva Pharm. USA, Inc., D. Del., 1:08-cv-00627-LPS, 3/28/14).

In consolidated litigation, the plaintiffs alleged that defendants’ proposed generics infringed patents on their drug.

Judge Leonard P. Stark of the U.S. District Court for the District of Delaware found the patents-in-suit invalid due to obviousness.

Motions for Summary Judgment.

In September 2008, the plaintiffs filed a complaint alleging that Teva Pharmaceuticals USA’s abbreviated new drug ...

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