And for Pfizer, there’s one favorable ruling after another, making the decision a great read for the company’s lawyers at Kaye Scholer, Aaron Stiefel and Daniel DiNapoli.
After a 12-day bench trial that took place between June 15 to July 13, Judge Smith ruled on Friday that Pfizer’s patent was valid and enforceable until 2019, dealing a huge blow to Teva’s hopes of selling its generic version by next year. Teva, represented by Hunton & Williams and Goodwin Procter, had stipulated to infringing Pfizer’s patent covering the use of sildenafil, Viagra’s active ingredient, to treat erectile dysfunction. However, Teva challenged the patent’s validity, claiming it was obvious based on previous research into using sildenafil to treat erectile dysfunction, and that a prior patent expiring next year already covered such a use for the drug.
