The US Court of Appeals for the Federal Circuit ruled in favor of Procter & Gamble in the patent infringement lawsuit filed by the firm against Teva Pharmaceuticals USA. The positive ruling protects P&G's rights in the USA to exclusively market the osteoporosis therapy Actonel(risedronate sodium) tablets. The drug is commercialized through a collaboration between P&G and French drug major Sanofi-Aventis.
On August 13, 2004, P&G filed a patent infringement law suit against Teva to enforce its US composition of matter patent for risedronate. Teva sought to market a generic version of Actonel in the USA under the assertion that the drug's patent was not valid due to obviousness of the invention. On February 28 last year, the Court ruled in favor of P&G, expressly rejecting Teva's validity challenge. Shortly afterwards, Teva filed an appeal of the decision, oral arguments for which were heard in December 2008.
P&G notes that the Actonel patent life extends through June 2014, including a pediatric extension, which was granted last month.
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