Federal Circuit upholds Takeda diabetes drug patent

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Аvera Allen, Deputy Editor In Chief

Date: 23.02.2021

A federal appeals court has upheld Takeda Pharmaceutical Co Ltd’s patent on the active ingredient in its Type II diabetes drugs Nesina, Oseni and Kazano, rejecting challenges by generic drugmakers that had hoped to make their own versions of the drugs.

Circuit Judge Raymond Chen, writing for a unanimous panel of the U.S. Court of Appeals for the Federal Circuit, on Tuesday rejected arguments by Torrent Pharmaceuticals Ltd and Indoco Remedies Ltd, both based in India, that the patent was obvious in light of prior art.

The drugs at issue are all forms of alogliptin, a type of drug known as a DPP-4 inhibitor. Nesina accounted for about $547 million in sales in the year ending March 31, 2020, out of about $31 billion in total sales for Takeda, according to the company's most recent annual report, which did not separately list sales for the other two alogliptin drugs.

 

 
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