Sanofi’s New Jevtana Patent Claims Should Be Barred, Judge Says

Sanofi’s allegations that generic versions of Jevtana proposed by Apotex Inc. and Sandoz Inc. infringe “substitute” claims of a patent for the prostate cancer treatment should be dismissed because Sanofi already sued them over the patent and lost, a Delaware federal magistrate judge recommended.

“This dispute puts the race into res judicata,” Magistrate Judge Jennifer L. Hall wrote in a report and recommendation issued July 8 in the US District Court for the District of Delaware. “Despite Sanofi’s speed to protect its market exclusivity—or perhaps because of it—I conclude that it cannot maintain its claims against Defendants for infringement ...