Vestager explained that Teva’s actions “gamed the system” by filing and then selectively withdrawing divisional patents when revocation seemed imminent. This approach prevented generic manufacturers from gaining legal grounds to challenge the Copaxone patents in one unified case, extending Teva’s monopoly over Copaxone across EU states.
“If one of these patents had been invalidated, it would have set off a domino effect that could impact all divisional patents,” Vestager noted, adding that this tactic forced generics into a perpetual cycle of new legal challenges and delayed competition by years.
Teva Fined €463M : Broader Concerns Over Patent Abuse in Pharmaceuticals
Teva’s monopolistic practices, which spanned nearly a decade, align with broader global concerns about patent abuse in the pharmaceutical industry. In 2022, pharmacies and other drug purchasers filed a class-action lawsuit against Teva in the U.S., accusing it of blocking generic competition and misinforming consumers. Teva previously lost an appeal against a €60 million EU fine over a conspiracy involving its subsidiary Cephalon, designed to keep a generic version of the sleep disorder drug Provigil off the market.
