Wednesday, March 21, 2007

Pfizer Defeats Teva in Celebrex Case

by Aaron F. Barkoff
Orange Book Blog



In a 201-page opinion released today, Judge John C. Lifland of the U.S. District Court for the District of New Jersey found all three of Pfizer's (PFE) patents on Celebrex (celecoxib) valid, enforceable, and infringed by Teva (TEVA), who had sought to market a generic version of Celebrex before the patents expire in 2015. Celebrex is Pfizer's blockbuster treatment for arthritis.

The patents in suit are U.S. Patent Nos. 5,466,823, 5,563,165, and 5,760,068. They cover celecoxib (the active ingredient in Celebrex), a broad genus of compounds that includes celecoxib, pharmaceutical compositions including the compounds, and methods of using the compounds. Teva challenged the validity of the patents on grounds of obviousness, best mode, and obviousness-type double patenting, and the enforceability of the patents on grounds of inequitable conduct. Teva will likely appeal the decision to the Federal Circuit Court of Appeals.

Incidentally, MBHB attorney Stephen H. Docter is a co-inventor on the '068 patent.


Source: OrangeBookBlog.com



RELATED READING:
- March 20 Pfizer press release
- Pfizer Wins Another Round in Norvasc Case as Synthon's Patents Are Found Unenforceable
- Merck Wants Out of Pfizer's Shadow
- Pfizer Stops Cholesterol Drug Trial Over Deaths
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