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Alan Franciscus
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HCV Advocate
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Tuesday, February 12, 2013

U.S. court invalidates patent on Bristol hepatitis B drug

A U.S. federal court has invalidated the U.S. patent on Bristol-Myers Squibb Co's Baraclude treatment for hepatitis B after a challenge from generic drugmaker Teva Pharmaceutical Industries Ltd, Bristol-Myers said on Tuesday.

 "We are disappointed with the court's decision and believe it is incorrect," Bristol-Myers spokeswoman Laura Hortas said. She said the company is considering whether to appeal the ruling by the U.S. District Court in Delaware.

Bristol-Myers had filed suit against Israeli drugmaker Teva in 2010 to block introduction of its generic form of Baraclude. Hortas said the drug's chemical patent lapses in February 2015, but declined to comment on whether U.S. regulators might allow Teva's generic onto the market before then.

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