12:59 PM EDT, 04/01/2024 (MT Newswires) -- A US appellate court on Monday sent back for review a 2021 case that maintained Johnson & Johnson's ( JNJ ) patent covering the schizophrenia drug Invega Sustenna, paving the way for Teva Pharmaceutical (TEVA) and Viatris ( VTRS ) to challenge the protection once again.

Both drug makers were sued by Johnson & Johnson ( JNJ ) in the past for patent infringement over plans to introduce generic versions of the medicine to the market. At the time, Teva was unable to prove in court that a patent covering a dosing regimen for Invega Sustenna was invalid, prompting US District Judge Claire Cecchi to maintain Johnson & Johnson's ( JNJ ) patent.

The US Court of Appeals for the Federal Circuit vacated Cecchi's ruling and sent the case back for reconsideration to a federal court in New Jersey, according to a court filing.

Neither of the companies immediately responded to requests for comment from MT Newswires.

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