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Viatris wins Appeal over unpatentability of device patents

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Viatris Law Insider

Nishka Srinivas Veluvali

Published On: December 31, 2021 at 09:02 IST

The US Court of Appeals for the Federal Circuit (USCAFC) has endorsed the US Patent and Trademark Appeal Board’s Verdict on the unpatentability of Five Devices patents for Sanofi’s Lantus SOLOSTAR as well as the District Court verdict on one of the Patents.

Biocon Biologics partner Viatris wins the favourable Verdict of the US Federal Court over the unpatentability of device patents for the disposable insulin injection pen, filed by the Sanofi.

Sanofi’s Lantus is a insulin that used to the adults while treating Type 2 Diabetes as well as the patients of Type 1 Diabetes in order to regulate the high blood sugar. Lantus is sold in vitals as well as in the form disposable injection pen.

The Patent Trial and Appellant Board (PTAB) in April and May 2020 had found that the challenged claims of the five patents are not patented. Sanofi had challenged all the Verdicts of the PTAB in USCAFC.

Biocon Biologics CEO Shreehas Tambe stated that, “The decision of the US federal court in favour of our partner Viatris, on all the five Sanofi Lantus SoloSTAR device patents is a vindication of our long-held position on intellectual property”.

Viatris and Biocon Biologics had introduced their interchangeable Semglee Products (insulin glarline) previous month which was the first and at present the only one interchangeable biosimilars to Sanofi’s Lantus.

Semglee Products are in vitals as well as in the injection pen and are interchangeable that permits subscription at any pharmacy counter.

Semglee is used to treat high blood sugar in adult as well as in paediatric patients with the type 1 diabetes and to adults with type 2 diabetes.

“With Semglee, we will be able to offer people living with diabetes in the US more treatment options, rationalise cost of therapy and generate savings for the overall healthcare system”, CEO Tambe said