WHEELING – A pharmaceutical company is suing over claims its patent is being infringed upon by another pharmaceutical company.

Teva Pharmaceuticals USA Inc., Teva Pharmaceutical Industries, Teva Neuroscience Inc., and Yeda Research and Development Co. filed a lawsuit Oct. 7 in the United States District Court for the Northern District of West Virginia against Mylan Pharmaceuticals Inc., Mylan Inc. and Natco Pharma, citing patent infringement.

According to the complaint, Mylan has filed an abbreviated new drug application to sell, in partnership with Natco Pharma, a glatiramer acetate injection which is purported to be a generic version of Copaxone, Teva's treatment for patients with multiple sclerosis, prior to the expiration of Teva's patents.

The complaint states Yeda is the sole owner by assignment of all rights, title and interest in Teva's patents. The defendants are accused of plans for the imminent infringement upon Teva's patents.

The plaintiffs seek declaratory judgment that Teva's patents are valid, an order enjoining the defendants from commercially manufacturing or selling the glatiramer acetate product, attorney fees and damages should Mylan engage in the commercial manufacture and sale of the product in question.

The plaintiffs are represented by attorneys James F. Companion and Yolonda G. Lambert of Schrader, Byrd & Companion in Wheeling; David M. Hashmall and Elizabeth J. Holland of Goodwin Procter in New York; Daryl L. Wiesen, John T. Bennett and Nicholas K. Mitrokostas of Goodwin Procter in Boston; and William G. James of Goodwin Procter in Washington, D.C.

Northern District of West Virginia case number: 1:14-CV-00167-IMK.

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