Supreme Court: Pronioron will be able to develop products based on Copaxone
Posted on Jan 17, 2020 by Ifi Reporter - Dan Bielski
The Supreme Court, headed by Justices Uzi Fogelman, Noam Solberg and David Mintz, rejected Teva's appeal
And Pronioron's counterclaim in the trial between them regarding the rights to the Copaxone molecule for non-MS diseases. This may be the ending chord in the turbulent law that has been going on between the companies for more than a decade and is characterized by heavy mutual discrepancies.
The trial began in 2006, when Pronioron claimed that to avoid canceling the agreement and restoring all rights in the molecule to Pronioron, Teva entered a time trial for failure of patients with ALS, which not only endangered hospital life. For its part, Teva argued that the experiments were worthy, and that Fronioron's founder, Prof. Michal Schwartz, distorted the results of experiments that showed the opposite.
The Supreme Court upheld Judge Avi Zamir's ruling from the Tel Aviv District Court. Zamir ruled that Teva did enter into an unplanned experiment, and therefore did not comply with the terms of the agreement, and must now return the product license to the proironiron. However, he stated that it was not proven that nature endangered patients or knew for sure that the experiment was unnecessary. Supreme Court judge Mintz has accepted his position.
This means that Pronviron can develop the molecule for non-MS, but it is unclear whether it should do so because the basic patent on Copaxone has already expired and Pronioron is no longer functioning as a company. The possibility of developing the product for additional diseases may be lost in litigation. However, if there is a way to extend the patent, for example by choosing a new form, the game reopens for Pronioron.
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