Negative US patent ruling for Novo Nordisk on Prandin

Denmark-based insulin giant Novo Nordisk (NOV: N) says that the US Court of Appeals for the Federal Circuit partially affirmed a 2011 District Court decision, with a two to one ruling that a claim in a company patent related to the use of repaglinide (trade name Prandin) in combination with metformin for the treatment of type 2 diabetes was invalid. This decision favors approval and launch of a generic repaglinide product.

The Federal Circuit also reversed, with a unanimous three-nil ruling, the District Court decision that Novo Nordisk had committed inequitable conduct during the time the company attempted to acquire the patent. Ther patent claims were assserted against Sun Pharmaceuticals and Paddock Laboratories.

Novo Nordisk continues to believe in the validity of the patent and is reviewing the ruling. The firm expects to provide an update on the case in connection with the announcement of the financial results for the first six months of 2013 on August 8.