April 1 (Reuters) - Teva Pharmaceutical and
Viatris ( VTRS ) convinced a U.S. appeals court on Monday to
revive their challenges to a patent covering a blockbuster
Johnson & Johnson ( JNJ ) schizophrenia drug, giving them a new
chance to clear a path to launch cheaper generic versions of the
medicine.
The U.S. Court of Appeals for the Federal Circuit said that
the last remaining J&J patent covering its Invega Sustenna may
be invalid, sending the case back for a New Jersey federal court
to reconsider.
A Teva spokesperson said the company was pleased with the
decision and looks forward to "providing this important low-cost
medication to patients as soon as possible."
Representatives for J&J and Viatris ( VTRS ) did not immediately
respond to requests for comment on the decision.
J&J sold more than $4.1 billion worth of Invega Sustenna and
related drugs worldwide last year, with nearly $2.9 billion in
U.S. sales, according to a company report. It sued Teva and
Mylan, which is now part of Viatris ( VTRS ), for patent infringement
over their proposed generic versions of the drug in 2018 and
2019, respectively.
U.S. District Judge Claire Cecchi determined in Teva's case
in 2021 that it failed to prove that J&J's patent, covering a
dosing regimen for Invega Sustenna, was invalid. Viatris ( VTRS ) agreed
to be bound by Cecchi's decision in its case.
A three-judge Federal Circuit panel threw out Cecchi's
decision on Monday and sent the case back to the New Jersey
court. The appeals court said Teva may be able to prove that the
patent was invalid because the dosing regimen would have been
obvious to an ordinary person in the field.