By Brent Kendall
WASHINGTON-The U.S. Supreme Court on Tuesday reversed an appeals
court ruling that invalidated a Teva Pharmaceutical Industries Ltd.
patent on the blockbuster multiple-sclerosis drug Copaxone, giving
the drug maker a new opportunity to forestall generic
competition.
The court, in a 7-2 opinion by Justice Stephen Breyer, said a
specialized appeals court that reviews patent cases must be more
deferential in reviewing factual determinations made by trial
judges who preside over patent infringement litigation.
In the Copaxone dispute, a New York trial judge in 2011 upheld
the validity of a Teva patent on the drug that didn't expire until
September 2015. The judge barred generic-drug challengers including
Novartis AG's Sandoz unit and Mylan Inc. from entering the market
until the patent expired. The U.S. Court of Appeals for the Federal
Circuit reversed that ruling in 2013 and found the patent
invalid.
The Supreme Court sent the case back to the lower courts for
more proceedings.
The ruling breathes new life into Teva's efforts to keep generic
competitors from entering the Copaxone market until the September
patent expiration.
Meanwhile, Teva has been trying to migrate patients to a
higher-dose Copaxone that is covered by patents that don't expire
until 2030.
Justices Clarence Thomas and Samuel Alito dissented.
Teva shares rose 2% to $58.90 in morning trading following the
ruling.
Write to Brent Kendall at brent.kendall@wsj.com
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