Court rules Teva's GERD generic does not infringe on branded drug

JERUSALEM A generic version of a gastroesophageal reflux disease drug that dissolves in the mouth doesn’t infringe on the patent for the branded version, a U.S. appeals court has ruled.

Teva Pharmaceutical Industries announced Friday that the U.S. Court of Appeals for the Federal Circuit affirmed a Nov. 10, 2009 District Court ruling that its version of Takeda’s Prevacid SoluTab (lansoprazole) does not infringe U.S. Patent No. 5,464,632.

Teva’s regulatory approval application for the drug is awaiting final approval from the Food and Drug Administration. The branded version has annual sales of approximately $513 million, according to IMS Health.

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