On 12th September 2017, Teva Pharmaceutical Industries’ European Patent EP 2361924 was revoked.
The patent was one of a family of patents covering Copaxone® (glatiramer acetate injection), its intermediates and processes for its production. Global Copaxone® franchise sales were $4.1 billion in 2016.
The opposition was filed by Mylan, Synthon BV, and Hexal AG. The patent was maintained in amended form at the first instance opposition hearing in 2016. In response to a request for accelerated prosecution of the ensuing appeal, the EPO heard the case after the patent received a mixed reception in national litigation proceedings. The central revocation in the EPO will bring to an end any further European national litigation relating to this patent.
Arnie Clarke, representing the first appellant in this case, led the attack against the patent. The patent was revoked for lack of basis for the amended claims relied on by Teva.
This is the final patent in this family to have been revoked, oppositions having been fought and won in respect of the parent and grandparent patents relating to this divisional patent.
If you would like more information, please contact a member of GJE’s Oppositions Team who will be happy to assist.