5 Teva ProAir Patents Ordered Out of Orange Book

A New Jersey federal judge has agreed with Amneal Pharmaceuticals and the Federal Trade Commission (FTC) that five Teva ProAir HFA patents should be removed from the FDA Orange Book. Reuters reports the judge agreed with Amneal and FTC that the Teva patents only cover parts of a “metered inhaler device” and “do not claim or even mention” ProAir HFA. The decision clears an obstacle to an Amneal proposed generic form of the Teva product, Reuters says.

The news story says the decision follows FTC warnings to drugmakers including Teva over the alleged misuse of Orange Book patent listings to wrongly extend patent monopolies on branded drugs.

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