Teva and Mylan dismiss West Virginia patent suit over MS drug

Teva and Mylan have agreed to dismiss a patent infringement dispute centring on Copaxone (glatiramer acetate), a treatment for multiple sclerosis.

The dismissal was filed on Tuesday, June 27, at the US District Court for the Northern District of West Virginia.

Teva sued Mylan and pharmaceutical company Natco in November 2014, alleging infringement of US patent numbers 8,232,259 and 8,399,413.

Mylan and Natco had filed an Abbreviated New Drug Application with the Food and Drug Administration, seeking permission to bring a generic version of Copaxone to market.

In November 2014, Mylan filed for declaratory judgments of noninfringement and invalidity of the patent owned by Teva.

Natco was dismissed without prejudice in April 2015.

In January this year, in a separate dispute between the parties, a Delaware district court held that the patents were invalid as obvious.

Teva has appealed the Delaware court’s decision to the US Court of Appeals for the Federal Circuit, where the case is pending.

The case at the West Virginia court was stayed because of the Delaware dispute.

Earlier this week, the companies agreed to dismiss the West Virginia case without prejudice.

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