Dec 4 (Reuters) - Novartis failed to convince a
U.S. appeals court on Wednesday to halt MSN Pharmaceuticals'
proposed generic of Novartis' blockbuster heart drug Entresto.
The U.S. Court of Appeals for the Federal Circuit upheld a
Delaware federal judge's August decision that found Novartis
failed to prove it was likely to win a patent lawsuit against
MSN over the drug, removing a roadblock for MSN's launch of what
would be the first U.S. Entresto generic.
Spokespeople and attorneys for the companies did not
immediately respond to requests for comment.
Entresto is Switzerland-based Novartis' best-selling drug,
bringing the company more than $6 billion in revenue last year.
MSN's version of Entresto was approved by the U.S. Food and Drug
Administration in July.
Novartis sued MSN and others seeking to launch Entresto
generics in Delaware federal court in 2022 for allegedly
infringing a patent that expires in 2026. It requested a
preliminary injunction after the FDA's approval that would block
MSN from launching its generic during the case, which is set to
go to trial on Monday.
U.S. District Judge Richard Andrews rejected Novartis'
request in August, ruling that it was not sufficiently likely to
win on its infringement claims to justify the injunction. The
judge paused MSN's launch of its proposed generic while Novartis
appealed to the Federal Circuit.
The Washington-based appeals court affirmed Andrews'
decision on Wednesday and said it saw "no clear error in the
district court's analysis."