US Supreme Court grants review of Federal Circuit Panel ruling on US patent protection for Aloxi

The US Supreme Court yesterday granted Swiss drugmaker Helsinn’s petition for certiorari to review a Federal Circuit Panel decision, holding that certain patent claims covering Aloxi (palonosetron hydrochloride) injection are not valid and are not infringed by Israeli generics drug giant Teva Pharmaceutical Industries’ (NYSE: TEVA) generic palonosetron product.

In March this year, Helsinn and partner Eisai (TYO: 4523), which markets Aloxi, a treatment for chemotherapy-induced nausea, in the USA, said they had asked the Supreme Court “to consider whether, under the Leahy-Smith America Invents Act, the definition of what qualifies to invalidate a patent has changed.”

America Invents Act, the definition of what qualifies to invalidate a patent has changed.  More specifically, Helsinn asked the Supreme Court to consider whether, under the Leahy-Smith America Invents Act, an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential is an act that can invalidate a patent, which is a question that the courts are addressing for the first time.