Teva has admitted that its generic drug Neutroval infringes Amgen’s two patents.
The two patents at issue in the litigation, US patent nos. 5,580,755 and 5,582,823, expire in early December 2013.
According to the court’s decision, Teva can start selling the drug from 10 November 2013.
Additionally, regarding another Teva G-CSF product, Neugranin, Teva has decided not to sell Neugranin until 10 November 2013 unless it first obtains a final court decision that Amgen’s patents are not infringed by Neugranin.
Amgen senior vice president, general counsel and secretary David Scott said this closes the matter and allows Amgen to continue to focus on bringing therapies to patients with grievous illnesses.