SCOTUS Backs Teva in Aloxi Patent Dispute

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The Supreme Court unanimously refused to reinstate Helsinn Healthcare’s patent for its anti-nausea drug Aloxi, thereby supporting Teva, which launched a generic version of the drug last year. Reuters reports that Aloxi is indicated to prevent nausea and vomiting in patients receiving chemotherapy.

According to the report, the dispute centered on a licensing and purchase agreement that Helsinn struck with another drug company in 2001 to distribute the drug in the U.S. and defray its costs. Teva said the patent was invalid because the deal was reached nearly two years before Helsinn first applied for a patent, and thus was a public sale.

Teva’s position had been supported by the Court of Appeals for the Federal Circuit, which invalidated the patent, finding that a commercial offer or contract to sell a product makes it available to the public. Helsinn had said the decision hindered small companies that often need partners to develop and bring drugs to the market and would stop them from developing new medicines.

The high court said that the America Invents Act did not change the meaning of the on-sale doctrine under which patent protection cannot be granted for an invention that was on sale before the effective filing date of the application.

Reuters says the ruling “could make it easier to cancel key patents, especially among smaller drugmakers, widening the patent law provision prohibiting the patenting of an invention if it has been on sale or offered to the public more than a year before the patent application was filed.”

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