U.S. court rules for Eisai in drug fight with Teva

WASHINGTON Mon Jul 21, 2008 8:04pm BST

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WASHINGTON (Reuters) - Japan's Eisai Co Ltd (4523.T) won a legal fight on Monday with Israel's Teva Pharmaceutical Industries Ltd TEVA.O, the world's largest generic drug company, over acid reflux drug Aciphex.

The U.S. Court of the Appeals for the Federal Circuit upheld a summary judgment by a New York court that found the Eisai patent for Aciphex was valid.

That court also ruled after a bench trial that Teva and Indian drug maker Dr. Reddy's Laboratories Ltd (REDY.BO)(RDY.N) infringed on Eisai's patent based on the fact that each of the two filed an abbreviated new drug application, or ANDA, seeking to manufacture a generic version of Aciphex.

The case also affects Mylan Inc MYL.N, which also filed an ANDA on the drug. Mylan had agreed to be bound by the outcome of Eisai's lawsuit against Teva and Dr. Reddy's.

(Reporting by Diane Bartz; Editing by Andre Grenon)

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