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Press Release

The US Supreme Court Grants Review for Certiorari of a Federal Circuit Panel Ruling that US Patent Protection for Aloxi® in the US Market was Invalid

Posted on: 27 Jun 18

Lugano, Switzerland, June 26, 2018 – The United States Supreme Court yesterday granted 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 Teva’s generic palonosetron product.


Helsinn specifically 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.  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.


Helsinn Group is very pleased with the Supreme Court decision to hear this very important issue of first impression, which will have wide-reaching effects on the patent system. Protecting intellectual property is vital to a company’s ability to continue developing medicines that will make a difference in the lives of patients.

Editor's Details

Mike Wood

Last updated on: 27/06/2018

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