By Blake Brittain
Oct 7 (Reuters) - Novo Nordisk and Viatris
have agreed to resolve a patent dispute over Novo's blockbuster weight-loss drugs Ozempic and Wegovy, the companies told a U.S. Patent and Trademark Office tribunal. Novo and Viatris' Mylan Pharmaceuticals said in a joint filing with the USPTO's Patent Trial and Appeal Board on Friday that they had reached a settlement in their case. The board was considering whether to cancel a Novo patent covering the use of specific dosages of the drugs to treat type 2 diabetes and obesity. Novo has separately sued Viatris and other companies for patent infringement in federal court to block proposed generics of the drugs. Novo and Viatris told a Delaware judge last Wednesday that they had settled Novo's lawsuit against Viatris there.
A Novo spokesperson confirmed the settlement on Monday and said that its terms are confidential. Attorneys and spokespeople for Viatris did not immediately respond to requests for comment and more information on the settlement. Denmark-based Novo's Wegovy was the first of a new class of highly effective weight-loss drugs to reach the market. Its booming sales have helped make Novo one of Europe's most valuable companies and led some analysts to predict that the obesity market could be worth more than $100 billion by the end of the decade. Viatris challenged the validity of Novo patents related to Ozempic and Wegovy at the USPTO last year. The office agreed to review one of the patents last October after rejecting Viatris' requests to review two others.
The USPTO was due to issue a final ruling on the patent's validity this month but decided on Friday to extend its decision deadline to next January.
The USPTO case is Mylan Pharmaceuticals Inc v. Novo Nordisk A/S, Patent Trial and Appeal Board, No. IPR2023-00724.
For Mylan: Brandon White, Emily Greb, Courtney Prochnow, Shannon Bloodworth, David Anstaett, Nathan Kelley and Jessica Kaiser of Perkins Coie
For Novo: Megan Raymond, Steven Baughman and Jenny Wu of Groombridge Wu Baughman & Stone
Read more:
US Patent Office won't review two Novo Nordisk patents for Wegovy, Ozempic
US Patent Office will review Novo Nordisk patent related to Wegovy, Ozempic
(Reporting by Blake Brittain in Washington)
((blake.brittain@tr.com; +1 (202) 938-5713))
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