Fed. Circ. Won't Stay Vimovo Case Despite Looming Generic

Law360 (August 7, 2019, 6:20 PM EDT) -- The Federal Circuit won't stay its finding that two patents covering Horizon Pharma Inc.'s Vimovo are invalid while the drugmaker appeals to the U.S. Supreme Court, even if it means Dr. Reddy's Laboratories Inc. may launch its generic version of the painkiller mid-litigation.

The panel dismissed the motion to stay without explanation Tuesday, rejecting warnings from Horizon and its partner Nuvo Pharmaceuticals Inc. that any generic's launch will "irreversibly diminish" their market share and threaten the more than $67 million in sales they reached in 2018.

The Federal Circuit had invalidated the patents in May, finding they failed to satisfy written...

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