OSI sued Teva in federal court in Delaware in March 2009, accusing the Israeli generic-drug maker of infringing patents 6,900,221, 7,087,613 and 5,747,498.
Tarceva is used to treat small-cell lung cancer. The litigation was triggered when Petah Tikva, Israel-based Teva applied to produce a generic form of the drug.
The order dismissing Teva as a defendant was filed March 15, according to court filings.
The case is OSA Pharmaceuticals v. Mylan Pharmaceuticals, 1:09-cv-00185-SLR, U.S. District Court, District of Delaware (Wilmington).
Zogenix Migraine Treatment Method Gets Patent Term Extension
Zogenix Inc., a San Diego-based pharmaceutical maker, said it received an eight-year extension on a patent covering a method of injecting its Sumavel migraine headache treatment.
The patent, 7,776,007, was issued in August 2010, according to the database of the U.S. Patent and Trademark Office.
The DosePro needle-free delivery system will be protected by the patent through 2025, Zogenix said in a statement yesterday. The product was first introduced in the U.S. in January 2010.
The patent covers the procedures for a patient to self- administer the drug using the Zogenix device. Germany and the U.K. approved the Sumavel DosePro in January.
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