Case Study
November 9, 2016

In Defense of a Cure

After developing a blockbuster drug that helped patients with relapsing multiple sclerosis, Teva Pharmaceuticals was faced with defending its intellectual property rights in multiple forums, including the Supreme Court.

Client Challenge

Teva Pharmaceuticals is the world’s largest generic drug manufacturer and one of the world’s leading manufacturers of specialty medicines, including its patented Copaxone, a treatment for relapsing multiple sclerosis. When generic rivals filed a certification with the FDA alleging that Teva’s patents were invalid, Teva turned to Goodwin to sue the generics and dispute the claim.

Our Approach

Goodwin represented Teva in the matter from the outset, winning in district court, defending the appeal before the Federal Circuit, persuading the Supreme Court to hear the case and securing a victory there. Goodwin argued that the appeals court should have deferred to the district judge, who had ruled in Teva’s favor but whose ruling was overturned by the Federal Circuit.

The Result

In a 7-2 ruling, the Supreme Court sided with Teva and Goodwin. The ruling made it a landmark case, establishing that the Federal Circuit must be more deferential in reviewing aspects of how a district judge interprets a patent.