IP Law News

Supreme Court Won’t Review Teva’s Generic Weight Loss Drug Fight

May 26, 2020, 1:41 PM

Teva Pharmaceutical Industries subsidiary Actavis Laboratories won’t get U.S. Supreme Court review of its fight to sell a generic version of Nalpropion Pharmaceuticals’ weight-loss drug Contrave.

The U.S. Court of Appeals for the Federal Circuit broke its established written description requirement—that all elements of a patent’s claims must actually be disclosed in the patent’s specification—when it held a “substantially equivalent” disclosure will do, Actavis argued in its petition for review.

Nalproprion sued after Actavis applied to the Food and Drug Administration to create a generic version of the drug. Actavis argued parts of Nalpropion’s U.S. Patent No. 8,916,195 were invalid...

To read the full article log in. To learn more about a subscription click here.