(Adds status of AstraZeneca patent in third paragraph.)
Dec. 1 (Bloomberg) -- Teva Pharmaceutical Industries Ltd., the world’s biggest maker of generic drugs, lost an appeals court bid to revive a patent it claimed AstraZeneca Plc’s cholesterol drug Crestor was infringing.
Teva’s patent is invalid because AstraZeneca came up with the formulation of rosuvastatin calcium, the active ingredient in Crestor, first, the U.S. Court of Appeals for the Federal Circuit in Washington said in ruling today on its website.
Crestor is London-based AstraZeneca’s top-selling drug, with $4.85 billion in the first nine months of the year. A federal judge upheld the validity of AstraZeneca’s patent on the medicine which would block generic-drug competition until 2016. An appeals court ruling on that case is still pending.
Teva’s patent, covering a discovery made in December 1999, is for a way to stabilize a class of drugs known as statins using a different compound. AstraZeneca said it came up with a batch of rosuvastatin calcium months earlier than that. The batch had the compound that Teva later claimed could be used as a stabilizer, according to the ruling.
Denise Bradley, a spokeswoman for Petah Tikva, Israel-based Teva, said the company had no comment on today’s ruling.
The case is Teva Pharmaceutical Industries Ltd. v. AstraZeneca Pharmaceuticals LP, 2011-1091, U.S. Court of Appeals for the Federal Circuit (Washington). The lower court case is Teva Pharmaceutical Industries Ltd. v. AstraZeneca Pharmaceuticals LP, 08-4786, U.S. District Court for the Eastern District of Pennsylvania (Philadelphia).
--Editors: Romaine Bostick, John Lear
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