Teva Announces Two Court Decisions To Revoke MSD's European Patent On Generic Fosamax(R)

Main Category: Bones / Orthopaedics
Also Included In: Medical Malpractice / Litigation
Article Date: 27 Feb 2008 - 4:00 PDT

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Teva Pharmaceutical Industries Ltd. (Ticker: TEVA) announced the following decisions by two European courts:

On February 13, 2008, the Hague District Court in the Netherlands, decided to revoke the Dutch part of Merck Sharp & Dohme's ("MSD") European Patent no. 1,175,904, due to lack of inventive step, which relates to Fosamax® Once Weekly (Alendronate 70mg Once Weekly). This decision is the first European court decision on the merits of this patent, which is currently being litigated by Teva in Belgium, France, Italy, Sweden and Spain as well as in the European Patent Office.

On February 15, the Tribunal de Grande Instance de Paris, decided that MSD Somerset's supplementary protection certificate SPC 96C0032 covering the use of Alendronate for the treatment of Urolithiase and Bone Resorption was invalid for lack of inventive step.

Both decisions may be appealed.

Teva's Alendronate products are a subject to multiple European litigations between MSD, Teva and other parties, relating to both Alendronate 10mg and Alendronate 70mg.

Teva is already marketing Alendronate 10mg and 70mg in various European countries.

About Teva

Teva Pharmaceutical Industries Ltd., headquartered in Israel, is among the top 20 pharmaceutical companies in the world and is the world's leading generic pharmaceutical company. The Company develops, manufactures and markets generic and innovative human pharmaceuticals and active pharmaceutical ingredients, as well as animal health pharmaceutical products. Over 80 percent of Teva's sales are in North America and Europe.

Teva Pharmaceutical Industries Ltd.