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Teva, Viatris win new chance to challenge J&J schizophrenia drug patent
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Teva, Viatris win new chance to challenge J&J schizophrenia drug patent
Apr 1, 2024 8:52 AM

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.

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