Vanda Pharmaceuticals Inc. has announced its plan to file a petition for a writ of certiorari in its litigation against Teva Pharmaceuticals, Apotex Inc., and Apotex Corp. The petition aims to demonstrate that the United States Court of Appeals for the Federal Circuit (Federal Circuit) made an error in assessing the obviousness of Vanda’s HETLIOZ® Abbreviated New Drug Application patents. Vanda believes that the Federal Circuit’s approach deviates from a previous Supreme Court decision and improperly invalidates essential patent rights that are crucial for pharmaceutical research and development. Vanda’s President, CEO, and Chairman, Dr. Mihael H. Polymeropoulos, stated the company’s intention to protect the interests of innovators, patients, and the American public in the proper interpretation of the U.S. patent laws.
Chief Justice Roberts has granted an extension for the filing of Vanda’s petition, which is expected to be submitted by January 12, 2024. Vanda is a global biopharmaceutical company focused on developing and commercializing innovative therapies to address unmet medical needs and improve patient lives. On another note, Vanda cautions investors about forward-looking statements, urging them not to rely too heavily on such statements, and suggesting they evaluate risks and uncertainties that may affect the company’s business. The firm promises to provide updates or revisions only as required by law.
In conclusion, Vanda Pharmaceuticals Inc. plans to file a petition to the U.S. Supreme Court, arguing that the Federal Circuit applied an incorrect standard when assessing the obviousness of Vanda’s HETLIOZ® patents. The company believes that the Federal Circuit’s approach deviated from a previous Supreme Court decision and unlawfully invalidated important patent rights. Vanda aims to protect its interests and the interests of innovators, patients, and the American public. Chief Justice Roberts has extended the filing deadline for Vanda’s petition, which is expected to be submitted by January 12, 2024.
