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27 January 2015Americas

US Supreme Court sends back three cases following Teva v Sandoz

The US Supreme Court has sent back three patent cases to the US Court of Appeals for the Federal Circuit for further consideration following its ruling on Teva v Sandoz last Tuesday (January 20).

In the Teva case, the highest court found that the Federal Circuit had erred in determining that a patent protecting the company’s drug Copaxone (glatiramer acetate) was invalid. The Supreme Court said the appeals court had applied the wrong standard of review on claim construction.

The Teva decision, which meant the case was remanded and an earlier ruling vacated, has led the Supreme Court to remand another dispute, between Shire and Watson Pharmaceuticals (now Actavis), involving ulcerative colitis drug Lialda (mesalamine).

In the Shire case, which, like Teva, also hinged on patent claim construction, the Federal Circuit reversed a lower court decision that had found Actavis’s generic version of Lialda had infringed Shire’s patent.

The other cases to be sent back to the appeals court were Gevo In v Butamax Advanced Biofuels and Lighting Ballast Control v Universal Lighting Technologies.

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