Mylan Says Teva's MS Drug IP Suit Doomed By Safe Harbor

Law360, New York (March 11, 2013, 1:55 PM EDT) -- Mylan Inc. on Friday asked a New York federal judge to toss a patent infringement suit over Teva Pharmaceutical Industries Ltd.’s Copaxone, saying it was permitted under a federal safe harbor to use proprietary processes when developing a generic version of the multiple sclerosis drug.

In its motion to dismiss, Mylan cited a provision of federal law that allows use of patented data if the purpose is solely to create a generic drug.

“Any alleged use of the patented markers in connection with the preparation of the...
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