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Federal Circuit Refuses To Rehear Teva On Inhaler Patents – Next Stop, Supreme Court?

PhRMA, AstraZeneca, And Sanofi Filed Amicus Brief In Favor Of En Banc Rehearing

 
• By Urtė Fultinavičiūtė

Teva will have to delist its ProAir HFA inhaler patents from the FDA’s Orange Book by mid-March, as the Federal Circuit denied its petition for en banc rehearing. Will the Supreme Court listen?

Photo of the US Supreme Court
(Shutterstock)

Teva has suffered another nth blow in its long-running inhaler patent case against Amneal, as the US Court of Appeals for the Federal Circuit denied the Israeli firm’s request for an en banc rehearing. As a result, the company is now pursuing a certiorari review of the litigation from the Supreme Court.

Teva had requested a full panel rehearing late last year after the appellate court affirmed a lower district court decision ordering the firm to delist five...

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