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Vanda Slams US Federal Circuit In Teva, Apotex Hetlioz Supreme Court Petition

Federal Circuit Applied ‘Improper Standard’ In Obviousness Conclusion, Vanda Says

 
• By Dean Rudge

Serial litigator Vanda Pharmaceuticals has followed through on its pledge to take its patent-infringement loss to Teva and Apotex over its Hetlioz sleep-disorder brand all the way to the US Supreme Court.

Citizen petition asks FDA to withdraw approval of Zepzecla for treatment of small cell lung cancer
• Source: Shutterstock

The US Court of Appeals for the Federal Circuit “charted its own course,” applying an “incorrect test for obviousness [that] has a significant effect on patent law throughout the country,” Vanda Pharmaceuticals has told the US Supreme Court as it petitioned to overturn a decisive patent-litigation victory handed to Teva and Apotex for its landmark sleep disorder drug, Hetlioz (tasimelteon).

“Rather than pegging obviousness to ‘predictable results,’ that court instead holds that a combination of known elements is obvious when an ordinarily skilled artisan would have a ‘reasonable expectation of success’ in the results

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