U.S. Supreme Court rules for Teva over multiple sclerosis drug patent

By Lawrence Hurley

WASHINGTON (Reuters) - The U.S. Supreme Court on Tuesday ruled for Teva Pharmaceutical Industries Ltd in its fight with generic drug manufacturers over patent protections for Copaxone, its top-selling multiple sclerosis drug, by sending the case back to a lower court for further review.

On a 7-2 vote, the justices said that the U.S. Court of Appeals for the Federal Circuit had not used the correct approach in analyzing whether the patent in question, due to expire in September 2015, was valid.

The appeals court had thrown out the patent, a move that would give generic competitors a green light to enter the market if upheld. As litigation continues, the legal confusion is likely to benefit Israel-based Teva.

 

Justice Stephen Breyer wrote the majority opinion. Justices Clarence Thomas and Samuel Alito dissented.

(Reporting by Lawrence Hurley; Editing by Will Dunham)