Advertise With UsAdvertise on our extensive network of industry websites and newsletters.
Get the PBR newsletterSign up to our free email to get all the latest PBR
news.Mylan has announced that the US Patent and Trademark Office (USPTO) issued a final office action rejecting Teva's application seeking a reissue of US Patent No. 5,800,808 (the '808 Patent), which was found to be invalid by the Court of Appeals for the Federal Circuit in July 2013.
Subscribe to our email newsletter
The final rejection issued today finds the first claim of the reissue application, which is identical to the only claim in the ‘808 Patent, to be indefinite and both claims of the reissue application to be unpatentable based on obvious-type double patenting.
In its ruling, the PTO refused to extend patent protection on Copaxone® past the patents that will expire in May 2014.
Mylan is pleased that the PTO has rejected the reissue application, confirming the indefiniteness for the second time and consistent with the Federal Circuit’s decision, and that the PTO continues to find all claims to be unpatentable.
The US Supreme Court has granted certiorari in the litigation relating to the ‘808 Patent in response to Teva’s petition; however, unlike its position in the PTO where Teva declared that the ‘808 Patent is invalid due to indefiniteness, Teva is arguing to the Supreme Court that the Federal Circuit improperly ruled that the patent was invalid for indefiniteness.