Two pharma giants claim Irish-based Teva breached its patents

Claims by two global pharma giants that an Irish-based company intends to breach patents they hold for products used to treat blood clots have been admitted into the fast-track Commercial Court list.

The actions have been brought by Bristol Myers Squibb Holdings Ireland Unlimited Company (BMSHI) and Pfizer Inc against Norton Waterford Limited, trading as Teva Pharmaceuticals Ireland, which denies any wrongdoing.

The actions related to alleged breaches by Teva of patents of formulations of products used to treat thromboembolic, or blood clot, disorders, and the processes for making such products, which BMS and Pfizer say they jointly own.

It is claimed that Teva intends to launch a generic brand of products on the Irish market in mid 2022 to treat certain conditions relating to blood clots, which the plaintiffs say amount to infringements of the patents they jointly hold.

The plaintiffs claim they sought, but did not get, undertakings from the Waterford-based defendant not to infringe their patents, which are not due to expire on various dates between 2022 and 2031.

The court also heard that the plaintiffs are themselves the subject of earlier proceedings, which were entered into the commercial list last April, brought by Teva aimed at revoking several formulation patents held by BMS and Pfizer.

Declarations

In their proceedings BSM and Pfizer seek declarations that the defendant’s making, stocking, offering and putting on the Irish market of 2.5mg and 5mg Apixaban Teva tablets amounts to infringements of several patents held by BMS and Pfizer.

The plaintiffs also seek injunctions preventing Teva from making, selling, stocking and using said products in the State.

They further seeking orders requiring Teva to deliver up or destroy the relevant materials in the defendant’s possession, and an inquiry as to the damages the plaintiffs claim they have suffered due to the alleged infringements.

The matter was entered into the fast-track list by Mr Justice Denis McDonald, the judge in charge of the High Court’s big business division.

There was no objection to the plaintiffs’ applications to have the cases admitted to the list.

The judge made the matters returnable to a date in early 2022.