Teva Eyes High Court as Drug-Patent Listings Face Scrutiny (1)

The Federal Circuit’s refusal to reconsider its ruling forcing Teva to delist asthma-inhaler patents from the FDA’s Orange Book tees up a pharmaceutical-industry push for the Supreme Court to weigh in and resolve questions over what qualifies as a drug.

Teva Pharmaceutical Industries Ltd. told the US Court of Appeals for the Federal Circuit March 4 it will ask the justices to review the issue. The same day, the appeals court, with exclusive jurisdiction over patent cases, denied Teva’s petition to reconsider a December ruling affirming an order that the company must delist five patents covering its ProAir HFA asthma ...