01:30 PM EDT, 05/13/2024 (MT Newswires) -- On Friday evening, Bausch Health ( BHC ) filed a petition for rehearing in the Appellate Court in the Xifaxan patent litigation between BHC and Norwich, writes RBC.

On April 11, the Appellate Court made a ruling in the Xifaxan patent litigation, affirming the District Court rulings. While the Appellate Court decision on the invalidity of the polymorph patents and the effective approval date of Norwich's ANDA was unanimous, the IBS-D ruling was not (2:1 in favour).

Given the dissenting opinion on the invalidity of the IBS-D patents, RBC had previously noted that "while remote, BHC could be in a position to appeal the Appellate Court decision and reverse the IBS-D ruling, which would result in the most positive outcome for BHC."

The Appellate Court rarely grants a rehearing and a change in the outcome is even less probable according to the Court, but RBC notes that it has occurred in the past during the Novartis' Gilenya patent litigation.

Bausch Health ( BHC ) is rated Sector Perform, with a US$10 target.

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