Teva Pharmaceuticals (NYSE:TEVA) and Viatris (NASDAQ:VTRS) would have won a new opportunity to challenge the patent covering Johnson & Johnson (NYSE:JNJ) anti-schizophrenia drug, Invega Sustenna, in its appeal to the US court.
The United States Court of Appeals for the Federal Circuit said so that the last remaining J&J patent may be invalid, prompting the case to be sent back to the New Jersey court for reconsideration.
JNJ sued Mylan, now part of Viatris and Teva, over patent infringement issues for proposed generic versions of the drug in 2018 and 2019.
In her 2021 ruling, U.S. District Judge Claire Cecchi said Teva could not demonstrate invalidity of JNJ’s patent, which covered a dosing regimen for Invega Sustenna.
However, the Federal Circuit panel on Monday overturned the 2021 ruling, sending the case back to New Jersey.
This decision could provide a new opportunity for Teva and Viatris to find more affordable generic versions of the drug.