Takeda, Abbott win Prevacid patent appeal

Takeda Pharmaceutical Co. and Abbott Laboratories won an appeals court ruling that will prevent Teva Pharmaceutical Industries Ltd. from selling a generic version of the heartburn drug Prevacid until May 2009.

The U.S. Court of Appeals for the Federal Circuit, without issuing an opinion, upheld a judge's decision that a patent on the medicine is both valid and enforceable. Teva, the world's biggest generic-drug maker, had conceded it infringed the patent, which covers the compound lansoprazole, the key ingredient in Prevacid.

The drug is made by TAP Pharmaceutical Products Inc., a former venture between Takeda and Abbott. The companies split the venture, with Takeda getting Prevacid. Arguments on the dispute were heard Nov. 5 in Washington.

The case is Takeda Pharmaceutical Co. v. Teva Pharmaceuticals USA Inc., 2008-1314, U.S. Court of Appeals for the Federal Circuit. The lower court case is Takeda v. Teva Pharmaceuticals USA, 06CV33, U.S. District Court, Delaware (Wilmington).