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The Pfizer patent infringement suit
The Pfizer patent infringement suit has made headlines the last couple of months. The large pharmaceutical giants of Pfizer and Teva battled it out in court over a generic version of a drug patented by Pfizer, called Protonix.
The Pfizer patent infringement suit is an example of how a patent can be challenged and how rights can be infringed because of technicalities. Teva, a US based pharmaceutical giant, makes its money from the production and distribution of generic alternatives to brand name medication. There is always a risk of patent infringement in their business.
Teva is well aware of the risks involved and the chances of losing patent infringement cases, but they nevertheless take the risk based on the large profits to be realized in the six months of being able to market their generic versions.
The Pfizer patent infringement suit, however, has cost Teva a pretty penny in damages since Teva has lost the case. Teva is expected to file an appeal on the jury verdict. The company also has argued that a judge and not a jury should decide whether there was double patenting involved on Pfizer’s side.
Should a settlement not be reached, Teva will be liable for damages of more than 1.1 billion US dollars.
The settlement may include agreements on other infringement claims. From the above information about the Pfizer patent infringement suit it becomes clear that no company is safe from infringement attempts or lawsuits. Contact us at Smit & Van Wyk for patent litigation assistance.
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