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“This decision confirms the validity of the patent and allows that injunction to remain in place,” the Swiss drugmaker said in a statement, adding it expected no generic versions of Gilenya in the U.S. market for at least the next two years.
A divided panel of the U.S. Court of Appeals for the Federal Circuit on Monday rejected HEC’s argument that the patent lacked a proper written description, thwarting the company’s bid to sell a generic version of Gilenya before the patent expires.
