The US Supreme Court has ruled in favor of Teva, in its legal dispute with Switzerland-based Helsinn Healthcare S.A.
The case dealt with Aloxi, developed by Helsinn to treat patients undergoing nausea-inducing chemotherapy. Helsinn reportedly applied for a patent after starting marketing the product, which has made the patent invalid. Based on this ruling, Teva is entitled to market the Swiss drug’s generic version.
Helsinn’s lawyers have always stated that the patent is valid, since Helsinn has not marketed the product before applying for a patent, but only has signed a distribution agreement, which is quite different from marketing the medicine. Aloxi has already generated hundreds of dollars in revenues in the US, thus Teva’s shares have opened at a net +4% today (NASDAQ).