Fed. Circ. Backs Teva In Cancer Drug IP Row With Generics

Law360 (August 13, 2021, 9:55 PM EDT) — The Federal Circuit on Friday affirmed a district court ruling that Apotex and Mylan infringed patents on Teva’s cancer drug Bendeka and failed to show the patents were invalid, a decision that could stymie planned generics until 2031 when the last patent expires.

A three-judge panel summarily affirmed a Delaware federal judge’s April 2020 bench trial ruling in a one-line order, rejecting an argument from generic-drug makers Apotex and Mylan that the district court applied a flawed “teaching away” analysis in concluding that the prior art would have steered skilled artisans away from the claimed formulation of bendamustine, Bendeka’s main ingredient….