The U.S. Supreme Court got IP litigators fired up when it delivered a patent win for Teva Pharmaceuticals USA Inc. on Tuesday. But Teva had far less luck in a separate high court challenge, failing to persuade the justices to hear a key appeal over when federal law preempts patient lawsuits against generic drug companies.
The high court denied cert Tuesday in Teva v. Superior Court of California, Orange County, rebuffing a petition filed by Jay Lefkowitz of Kirkland & Ellis. Teva had asked the justices in February to review a California state court ruling allowing patients to proceed with claims that Teva and other companies failed to warn about dangers associated with its version of the osteoporosis drug Fosamax.
