Aug 12 (Reuters) - Novartis failed to convince
a Delaware federal court to block generic drugmaker MSN
Pharmaceuticals from launching its own version of Novartis'
blockbuster heart-failure drug Entresto, according to a court
decision issued on Monday.
U.S. District Judge Richard Andrews ruled that Novartis'
chance of winning its patent-infringement lawsuit challenging
the generic was too low to justify halting MSN's launch.
However, he temporarily ordered MSN not to sell the drug while
Novartis appeals to the U.S. Court of Appeals for the Federal
Circuit.
Entresto is Switzerland-based Novartis' best-selling drug,
earning 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 last month and would be the first U.S. generic of
the drug.
Spokespeople for Novartis and MSN did not immediately
respond to requests for comment on the decision.
Novartis sued MSN and others seeking to launch Entresto
generics in 2022 for infringing a patent that expires in 2026.
It asked the court on Aug. 2 for a preliminary injunction
blocking MSN from launching its generic, which was approved by
the FDA on July 24.
Andrews ruled on Monday that Novartis was not likely enough
to win on its infringement claims to justify the injunction. The
judge also rejected Novartis' argument that a ruling against the
company would cause "irreparable harm" by triggering a wave of
generic Entresto launches by other drugmakers.
Andrews placed a three-day hold on the case while Novartis
appeals to the Federal Circuit.
Novartis has separately asked a Washington, D.C. district
court to block MSN's launch as part of a challenge to the FDA's
decision to approve the generic. The Washington court has not
yet ruled on Novartis' request.