Teva Loses Patent Challenge For Glaxo's Zofran

Law360, New York (August 23, 2004, 12:00 AM EDT) -- A federal judge has upheld the validity of two key method-of-use patents for GlaxoSmithKline’s anti-nausea drug Zofran (ondansetron), dealing a blow to challenger Teva Pharmaceuticals.

In his ruling, U.S. Judge Gregory Sleet of the U.S. District Court for the District of Delaware upheld the validity of Glaxo’s U.S. Patent No. 5,578,628 and 4,753,789.

The latest of the two method-of-use patents is set to expire in December 2006, taking into account the six-month pediatric exclusivity that Glaxo says it expects to obtain.

Glaxo said it is awaiting...
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