U.S. Patent and Trademark Office to Review Novo Nordisk Patent on Ozempic Strengths

The U.S. Patent and Trademark Office's patent trial and appeal board has agreed to review a patent held by Novo Nordisk, covering certain strengths of Ozempic. The challenge was filed by Mylan Pharmaceuticals, which is now part of Viatris.

Positive Response from Viatris

Viatris, pleased with the board's decision, expressed satisfaction with the forthcoming review of the patent's validity. A final written decision is expected in October 2024.

Milestone Decision

In its decision on Wednesday, the patent trial and appeal board stated that Mylan has presented convincing arguments and evidence that demonstrate a reasonable likelihood of prevailing on at least one challenged claim.

Novo Nordisk's Defiant Stance

Novo Nordisk intends to vigorously defend its intellectual property rights in this ongoing matter. While they are unable to provide further comment due to the ongoing dispute, the company remains steadfast in its commitment.

Dismissal of Mylan's Other Challenges

Separately, the patent trial and appeal board declined to review two other challenges brought by Mylan against patents covering semaglutide, the active ingredient found in both Ozempic and Wegovy, also manufactured by Novo Nordisk. Viatris strongly believes that these patents are without validity and will continue to pursue their case in court.

Market Response

Following this news, Viatris shares experienced a 0.5% increase on Wednesday but have seen a 12.9% decline year-to-date. Conversely, Novo Nordisk's American depositary receipts rose by 1.4% on Wednesday and have witnessed a 31.6% increase so far this year.