Bloomberg News

Teva’s Cephalon Wins Appeal Against Watson Over Fentora Copy

December 08, 2011

(Adds description of the drug in third paragraph.)

Dec. 8 (Bloomberg) -- Teva Pharmaceutical Industries Ltd.’s Cephalon unit won an appeals court decision that prevents Watson Pharmaceuticals Inc. from selling a generic copy of the painkiller Fentora until 2019.

The U.S. Court of Appeals for the Federal Circuit in Washington today upheld the validity of a Cephalon patent on Fentora and backed a lower court ruling that Watson infringed the patent. The appeals court posted a notice of the decision on its website without a formal opinion explaining its findings.

Fentora is approved to relieve sudden episodes of cancer pain in adults already taking opioids, or morphine-like drugs. Cephalon has said the patent that was upheld expires in 2019 and is for a process of making the tablet dissolve.

The drug generated $81 million in U.S. sales in the first half, Cephalon said in August. Petah Tikva, Israel-based Teva bought Cephalon in October.

The case is Cephalon Inc. v. Watson Pharmaceuticals Inc., 09cv724, U.S. District Court for the District of Delaware (Wilmington).

--Editors: Romaine Bostick, James Callan

To contact the reporters on this story: Susan Decker in Washington at sdecker1@bloomberg.net;

To contact the editor responsible for this story: Michael Shepard at mshepard7@bloomberg.net


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