IBSA v. Teva: Indefinite Scope of Key Term in P... - Thyroid UK

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IBSA v. Teva: Indefinite Scope of Key Term in Patent Description Rendered a Thyroid Medication Patent Invalid Under Section 112

helvella profile image
helvellaAdministratorThyroid UK
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Amazing what you sometimes find when looking for something else entirely! :-)

From our perspective, the interesting news is that Teva (at least in the USA) seem to be trying to compete with IBSA in marketing a gel cap levothyroxine product. And they appear to have won the patent case that they pursued against IBSA.

This might or might not affect the UK and EU. I have not the slightest idea. :-(

IBSA v. Teva: Indefinite Scope of Key Term in Patent Description Rendered a Thyroid Medication Patent Invalid Under Section 112

In a recent decision, the Federal Circuit affirmed Delaware District Court’s finding of invalidity based on failure to define the scope of the invention and to meet the written description requirements of 35 USC § 112. IBSA Institut Biochimique, S.A. v. Teva Pharm. USA, Inc., 966 F.3d 1374 (Fed. Cir. 2020). The pharmaceutical patent ‘390 was issued for IBSA’s Tirosint® - a soft gel capsule containing a thyroid hormone levothyroxine. IBSA filed suit after Teva sought to market a generic version of the drug by filing an Abbreviated New Drug Application with a Paragraph IV Certification that the ‘390 patent is invalid.

jdsupra.com/legalnews/ibsa-...

Also reported (possibly easier to read) here:

news.bloomberglaw.com/pharm...

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RedApple profile image
RedAppleAdministrator

Very interesting!

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