J&J’s Schizophrenia Drug Patent Win Wiped Out by Fed. Cir. (1)

The Federal Circuit revived two generic drugmakers’ challenges to a patent covering Janssen Pharmaceuticals Inc.'s blockbuster schizophrenia treatment Invega Sustenna.

A federal district court misunderstood Janssen’s US Patent No. 9,439,906 to include a narrow limitation that the claimed drug-dosing regimens were suitable for a general population rather than an individual patient, Judge Sharon Prost of the US Court of Appeals for the Federal Circuit wrote in a precedential opinion issued Monday. As a result, she said, the district court set too high a bar for Teva Pharmaceuticals USA Inc. to show the patent was obvious as it fights an infringement ...