Fed. Circ. Won't Revive Generics' Bid To Ax Takeda Patent

Law360 (February 16, 2021, 7:51 PM EST) -- The Federal Circuit on Tuesday declined to revive two India-based generic drug manufacturers' effort to invalidate a patent that Takeda Pharmaceutical Co. uses in a number of its Type II diabetes treatments.

A three-judge panel found that U.S. District Judge Stanley Chesler correctly ruled last year, after a two-day bench trial, that generics makers Torrent Pharmaceuticals Ltd. and Indoco Remedies Ltd. did not effectively argue that the Takeda-owned patent on dipeptidyl peptidase-4, or DPP-IV, inhibitors is invalid.

The generic drug manufacturers had argued that Takeda had engaged in a double patenting scheme to protect three Takeda anti-diabetic drugs — sold under...

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