The U.S. Appeals court for the Federal Circuit said that the last remaining J&J patent could be invalid, prompting to send the case back to the New Jersey court for reconsideration.
JNJ sued Mylan, now part of Viatris and Teva over patent infringement concerns for proposed generic versions of the drug in 2018 and 2019.
In the 2021 ruling, U.S. District Judge Claire Cecchi said that Teva could not prove the invalidity of of JNJ’s patent, covering a dosing regimen for Invega Sustenna.
The panel at the Federal Circuit, on Monday, however overturned the 2021 ruling, sending back the case to New Jersey.
This decision could give a new opportunity to Teva and Viatris to find more affordable generic versions of the drug.