By Pierre Bertrand


Novartis AG said Wednesday that it plans to file a petition with the U.S. Supreme Court to review the decision by a U.S. appeals court governing the validity of a patent regarding its multiple-sclerosis drug Gilenya.

The Swiss pharmaceutical company said the U.S. Court of Appeals for the Federal Circuit refused to hear its petition and it would therefore take up the issue with the country's top court.

In August 2020, a federal court in the state of Delaware blocked Chinese drugmaker HEC Pharma Co. from launching its own version of the drug until the expiration of the Gilenya patent in December 2027. In January this year, federal judges upheld the Delaware court ruling, but in June, the decision was reversed.

"Novartis intends to vigorously defend the validity of the patent and is considering all available options, including current plans to seek review of this decision by petition to the US Supreme Court, a process which may take several months to determine if the petition will be granted," the company said.

Should generics of the drug be allowed in the U.S., the company said it expects its full-year sales to suffer a hit of 300 million euros ($299.1 million).


Write to Pierre Bertrand at


(END) Dow Jones Newswires

September 21, 2022 01:52 ET (05:52 GMT)

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