October 21, 2010
Partner
WASHINGTON, DC - The United States District Court for the Eastern District of Pennsylvania granted summary judgment of patent invalidity due to prior invention thereby terminating an action that Teva Pharmaceutical Industries Ltd. brought against firm clients AstraZeneca Pharmaceuticals, Inc. and several other AstraZeneca entities. Teva alleged that its patent covered AstraZeneca’s blockbuster anti-cholesterol drug, Crestor®, and sought damages and fees. AstraZeneca moved for summary judgment of invalidity due to its prior invention of the Crestor® formulation. Judge William H. Yohn, Jr. found that AstraZeneca had invented first and had not abandoned, suppressed, or concealed its invention. Accordingly, Judge Yohn invalidated all asserted claims of Teva’s patent and entered judgment in AstraZeneca’s favor.
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