Clean Sweep For Teva In VELCADE Patent Action

In a Judgment dated July 18, 2018, Justice Locke allowed Teva's claim for section 8 damages in relation to its bortezomib product, and dismissed Millennium's counterclaim for the infringement of three patents, holding the asserted claims of two patents as invalid, and the asserted claims of a third patent not infringed.

As the parties had already reached agreement regarding matters of liability and quantification of damages, the trial only concerned Millennium's claim for infringement of three patents and Teva's defences based on non-infringement and invalidity.

Patent 2,203,936 (compound)

Claim 37 covered 6 boronic acid peptide analogs including bortezomib, whereas Claim 69 covered the compound (N-(2-pyrazine)carbonyl-L-phenylalanine-L-leucine boronic acid), also known as bortezomib, having the following structure: