Why Novartis lost its treatment dispute with Teva


Azadeh Vahdat

Why Novartis lost its treatment dispute with Teva

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The pharma company’s arguments focusing on ‘inventive step’ failed to convince a London court that the Israeli generic drug maker had infringed, explains Azadeh Vahdat of EIP.

In a patent revocation and infringement counterclaim action between Teva and Novartis, His Honour Judge Richard Hacon found, in a decision handed down on November 10 2022, lack of inventive step with respect to two Novartis formulation patents (EP 2,964,202 and EP 3,124,018)

He also ruled that Teva’s generic product ‘Teva DFX’ did not infringe the patents on either normal construction or on equivalents. The dispute involved a swallowable tablet version of Novartis’ ‘Exjade’ used to treat blood iron overload, previously only available as a dispersible tablet in Europe since 2006.

Novartis’s patents are obvious

Novartis, Teva, iron overload treatment, inventive step, generic drug maker, prior art, infringement, patent revocation, Teva DFX, Exjade, EPO