Supreme Court Turns Down Generic Patent Case

The U.S. Supreme Court opted not to take up a patent suit between Vanda Pharmaceuticals and generic drugmaker Hikma Pharmaceuticals over Vanda’s schizophrenia treatment Fanapt (iloperidone).

Vanda originally filed suit in 2013 in the U.S. District Court of Delaware, alleging that Hikma subsidiary West-Ward Pharmaceuticals’ planned generic of Fanapt infringed on Vanda’s patent aimed at directing doctors to test how patients metabolize the drug in order to find the appropriate dose.

The Delaware judge ruled in Vanda’s favor and subsequently the Federal Circuit Court of Appeals also ruled that the planned generic infringed Vanda’s patent. The generic drugmaker appealed to the Supreme Court.

The decision keeps Vanda’s patent exclusive through Nov. 2, 2027, provided there are no other challenges.