Teva Awarded Judgment on the Pleadings in N.Y. Generic Contraceptive Case

NEW YORK — A New York federal judge has awarded Teva Pharmaceuticals USA Inc. judgment on the pleadings in an oral contraceptive action, finding the claims are preempted because it was impossible for the defendant to redesign its generic drug while complying with federal law.

In an April 14 order, Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York.

Emely Montero took Teva’s generic equivalent of Janssen Pharmaceuticals’ Ortho Tri-Cyclen Lo — Tri-Lo Sprintec — from February 2010 to August 2016. Montero alleges the oral contraceptive caused her to suffer life-threatening blood …