Teva Pharmaceuticals could not escape a patent infringement suit Monday, after a Delaware federal judge found there was enough evidence to suggest that the Israel-based generic drugmaker had tried to usurp the market for treating a disease without the proper approval.
The five-page ruling adopted a magistrate judge’s earlier report that said it was plausible Teva’s label for the beta-blocker carvedilol had encouraged patients and doctors to use its generic to treat congestive heart failure, even though it had a specific “carve out” that excluded the chronic disease.
