An indication bearing the brand of Teva Pharmaceutical Industries is seen in its Jerusalem oral strong dosage plant (OSD) December 21, 2011. REUTERS/Ronen Zvulun

By Tova Cohen and Ari Rabinovitch

A U.S. District Court on Monday rejected 4 out of 5 of Israel-based Teva’s claims of patent infringement on its top-selling a number of sclerosis therapy Copaxone, probably opening the door for generic competitors.

Chief Executive Erez Vigodman promised an “immediate appeal” and to “vigorously protect” the drug towards additional challenges.

The patents cowl a 40-mg injection of Copaxone that sufferers administer thrice per week.

The rejection comes 4 months after U.S. patent officers invalidated three patents on Copaxone, in response to challenges by Mylan NV, which has been making an attempt to market a generic model of the drug. Mylan welcomed the court docket ruling as a “positive step” and mentioned it has already filed a drug software for its product.

Momenta and Novartis unit Sandoz, which already promote a generic model of 20 mg Copaxone, are additionally engaged on a copycat for the 40 mg dosage.

“Today’s favorable ruling additional bolsters our confidence within the potential for us to supply a number of sclerosis sufferers a extra inexpensive generic model of Copaxone 40 mg following regulatory approval,” Momenta mentioned after Monday’s ruling.

Though Teva primarily produces generic medicine, it additionally makes branded medicine, led by Copaxone, which accounted for 19 % of the corporate’s income in 2016.

Teva’s shares had been down 7.6 % in Tel Aviv at a 12-month low of 121 shekels ($32), persevering with a months-long droop that has unnerved traders, and numerous analysts lower their value targets additional.

U.S.-listed shares of Teva, which have misplaced 44 % prior to now yr, wiping out over $20 billion from its market worth, had been down 6.4 % to $32.30 in pre-market commerce on Tuesday.


A value fixing scandal and growing public stress to decrease drug prices has taken a toll on the generics trade.

Teva has been hit significantly exhausting on account of a sequence of questionable and dear acquisitions, together with delayed drug launches, prompting massive stakeholders in latest weeks to name for a shakeup in administration — the pinnacle of its generics enterprise and a board member have already stepped down — in addition to extra sweeping structural modifications.

“They depend upon just some medicine, not solely Copaxone, but in addition on the generic aspect. They have to turn out to be extra diversified,” mentioned Joshua Schachter, senior portfolio supervisor at Pennsylvania-based Snow Capital, which as of Sept. 30, 2016 had a $44 million stake in Teva.

Teva’s poor timing in its $40.5 billion buy of Actavis, introduced in July 2015 when generic inventory costs had been at a peak, and a botched $2.3 billion acquisition of Mexican drugmaker Rimsa, which has resulted in lawsuits, had been “self-inflicted” woes, Schachter mentioned.

Some traders have advised Reuters they wish to see Teva spin off its specialty drug enterprise.

“They ought to cut up up the corporate into two separate corporations: a generics firm and a branded specialty firm. That would permit for better administration focus and improved capital allocation,” mentioned Andy Summers, a pharmaceutical specialist for Janus Capital Management, which as of Sept. 30 had a $215 million stake. 

Schachter mentioned the transfer is smart, however Teva ought to first strengthen its specialty drug pipeline, which might require it to scale back debt.

Israeli funding home Halman-Aldubi mentioned it has been slowly growing its stake in Teva prior to now month on the idea that the unhealthy information has been priced into the shares.

“The most necessary factor that Teva has to do is to win again the market’s confidence. The market would not purchase the corporate’s forecast and that is not wholesome,” buyside analyst Tal Levi mentioned.

Earlier this month Teva offered a disappointing forecast for 2017, saying it expects earnings per share of $4.90-$5.30 on income of $23.eight billion-$24.5 billion. But the corporate additionally offered a “bear case” of two generic rivals in February that would lower revenues by $1 billion-$1.2 billion, and harm adjusted revenue by 65 cents-80 cents.

It additionally agreed in December to pay greater than $519 million to settle U.S. felony and civil allegations that the corporate bribed abroad officers to realize enterprise for its medicines.

Following Monday’s court docket ruling, analysts see generic competitors for not less than one dosage of Copaxone coming within the second quarter of 2017.

“This might elevate questions across the sustainability of its dividend … and this may also now possible push again any potential M&A or share buybacks,” mentioned RBC analyst Randall Stanicky.

(Additional reporting by Steven Scheer in Jerusalem and Sruthi Shankar and Sangameswaran S in Bengaluru; Editing by Bill Rigby and Susan Fenton)

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