United States PTO Rejects Teva's '808 Patent Reissue Application on Copaxone® for the Second Time

Apr 03, 2014, 14:27 ET from Mylan Inc.

PITTSBURGH, April 3, 2014 /PRNewswire/ -- Mylan Inc. (Nasdaq: MYL) today announced that the United States Patent and Trademark Office (the "PTO") issued a final office action rejecting Teva's application seeking a reissue of U.S. 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. 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 U.S. 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.

Mylan is a global pharmaceutical company committed to setting new standards in health care. Working together around the world to provide 7 billion people access to high quality medicine, we innovate to satisfy unmet needs; make reliability and service excellence a habit; do what's right, not what's easy; and impact the future through passionate global leadership. We offer a growing portfolio of more than 1,300 generic pharmaceuticals and several brand medications. In addition, we offer a wide range of antiretroviral therapies, upon which approximately 40% of HIV/AIDS patients in developing countries depend. We also operate one of the largest active pharmaceutical ingredient manufacturers and currently market products in approximately 140 countries and territories. Our workforce of more than 20,000 people is dedicated to improving the customer experience and increasing pharmaceutical access to consumers around the world. But don't take our word for it. See for yourself. See inside. mylan.com.

SOURCE Mylan Inc.