Pharma major Dr Reddy''s Laboratories Ltd has benefited an upper hand in the on-going patent dispute on cardio drug carvedilol with Israeli drug-maker Teva, as the latter took back its case on Dr Reddy''s in the US. The Hyderabad-based pharma major will now be free to sell carvedilol, used for the treatment of heart ailments, in the US market. It was a long battle for Dr Reddy''s. On June 2007, Teva sued Dr Reddy''s, alleging infringement of four Teva carvedilol patents. Three of the patents relate to processes for making particular polymorphic forms of carvedilol, and the last relates to specific crystalline forms of carvedilol. Dr Reddy''s conceived that the patents did not cover its process or product, and when it could not convince Teva to drop the case, moved for summary judgment with respect to each of the four patents. The first motion, filed October 12, 2007, was directed towards the invalidity of two claims of one of the patents.
Teva later pledged not to sue on the remaining claims of the same patent, and the Court dismissed Teva''s infringement claims on that patent with prejudice on June 9, 2008. Dr Reddy''s moved for summary judgment of non-infringement of the patent, claiming a particular crystalline form of carvedilol, and after the motion was fully briefed, Teva provided another covenant not to sue.
Teva later pledged not to sue on the remaining claims of the same patent, and the Court dismissed Teva''s infringement claims on that patent with prejudice on June 9, 2008. Dr Reddy''s moved for summary judgment of non-infringement of the patent, claiming a particular crystalline form of carvedilol, and after the motion was fully briefed, Teva provided another covenant not to sue.
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