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Pfizer’s patents upheld

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From Bloomberg News

Pfizer Inc. won a court ruling Tuesday blocking Teva Pharmaceutical Industries Ltd. from marketing a generic version of the painkiller Celebrex, the world’s top-selling arthritis drug, until 2015.

U.S. District Judge John Lifland in Newark, N.J., upheld the validity of three Pfizer patents covering the drug after hearing arguments during a two-week trial in November.

“The patents are neither invalid nor unenforceable, and Teva has infringed the patents,” Lifland wrote in a 201-page ruling. Teva’s argument that the patents are an obvious variation of earlier inventions “fails at every major crossroad,” the judge said.

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Pfizer, the world’s biggest drug maker, sued Teva in 2004 to halt its attempt to win Food and Drug Administration approval to sell copies of Celebrex. The drug generated $1.57 billion in U.S. sales in 2006, Pfizer said in a statement.

New York-based Pfizer claimed its patents protect Celebrex from generic competition until June 2015. Teva said its version of the drug would have infringed Pfizer’s patents if they were valid. Israel-based Teva argued that they were not.

Teva, the world’s biggest generic-drug maker, sought FDA approval to sell 100-milligram, 200-milligram and 400-milligram doses of celecoxib, the main ingredient in Celebrex. Pfizer acquired Celebrex in its $60-billion purchase of Pharmacia Corp. in 2003.

Shares of Pfizer rose 18 cents to $25.54, and Teva shares rose 4 cents to $36.58.

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