(CN) – The Federal Circuit upheld the validity of Proctor & Gamble’s patent on the compound risedronate, the active ingredient in Actonel. The ruling blocks Teva Pharmaceuticals from making a generic version of the osteoporosis drug.
P&G sued Teva for patent infringement after Teva announced plans to make and sell a generic version of Actonel.
In defense, Teva argued that P&G’s patent is invalid based on obviousness.
A federal judge in Delaware ruled for P&G, a decision the federal appeals court in Washington, D.C., affirmed.
Judge Huff concluded that risedronate was not obvious, and that P&G’s patent “is not invalid for obviousness-type double patenting.