Paragraph III Certification Leads to Dismissal of Claim in ANDA Case

Gilead Sciences, Inc. et al. v. Teva Pharmaceuticals USA, Inc. et al.

Case Number: 1:08-10838-RJS (Dkt. 191)

In light of Teva amending its ANDAs Nos. 90–894 and 91–215 to remove Paragraph IV certifications against U.S. Patent No. 5,814,639 (entitled “Method for the synthesis, compositions and use of 2’-deoxy-5–fluoro-3’-thiacytidine and related compounds”) and adding Paragraph III certifications, the court dismissed the related counts with prejudice. Teva agreed that it will not challenge the patentability, validity, enforceability or infringement of the patent unless it is declared invalid or unenforceable in another proceeding in which Teva is not a party, and it agreed not to assist any third party in challenging the patent’s validity.

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