Patent litigation suit both victorious and unfavorable for Teva

JERUSALEM Teva Pharmaceutical Industries scored a partial victory in litigation over an osteoporosis drug, but also a setback, the generic drug maker announced.

The U.S. District Court for the Southern District of Indiana invalidated two patents for Eli Lilly & Co.’s drug Evista (raloxifene hydrochloride) in a case the Indianapolis pharmaceutical company filed against Teva in connection with the latter’s approval application for a generic version.

At the same time, the court rejected Teva’s challenges to four other patents, which cover the use of raloxifene to prevent and treat osteoporosis and the dosages for that treatment, ruling that Teva’s raloxifene tablets infringed those patents.

Teva said it will appeal the decision. If affirmed, the decision would prevent Teva from launching its version of the drug until March 2014.

In April, Eli Lilly & Co. was granted a preliminary injunction against the generic drug maker over the patents.