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Red, blue, and yellow label Ozempic® (semaglutide) injection Pens with an orange half circle in background      Injection pens of Novo Nordisk's weight-loss drug Wegovy are shown in this photo illustration in Oslo, Norway, November 21, 2023. REUTERS/Victoria Klesty/Illustration

Photos: Novo Nordisk

Weight loss drugs have become the latest trend not only for those suffering from health conditions such as obesity and type 2 diabetes but also for those looking to quickly shed pounds. Pharmaceutical companies changing the weight loss game have sought to capitalize on this trend as well as protect their patents for the drugs.

Denmark-based Novo Nordisk is a global healthcare company at the forefront of revolutionizing effective weight loss drugs. Novo’s Wegovy was one of the first drugs in the weight loss sector. Their success has propelled the company to become one of the most highly valued in Europe. Despite this success, Viatris Inc. recently challenged Novo’s patents related to Wegovy and Ozempic with the United States Patent and Trademark Office (USPTO).

Mylan Pharmaceuticals Inc., now a part of Viatris, is a generic drug maker with goals to expand access to medicines, lead in innovation, and be a trusted partner for the healthcare community worldwide. However, it has been speculated that they are seeking to craft a legal plan for generic versions of the popular drugs Ozempic and Wegovy. Novo has sued Viatris and other companies for patent infringement related to proposed generic versions of their drugs.

The USPTO’s Patent Trial and Appeal Board was tasked with determining if a patent concerning the use of specific dosages of drugs for type 2 diabetes treatment was valid. In 2023, the board found that “…Petitioner [Mylan Pharmaceuticals Inc.] has demonstrated a reasonable likelihood that it would prevail with respect to at least one claim challenged in the Petition”. The board was due to issue a final ruling this month; however, they chose to extend their decision until January.

Before another ruling could be made, Novo Nordisk and Viatris agreed to resolve the ongoing patent dispute concerning the popular weight loss drugs Ozempic and Wegovy. In a joint filing with the United States Patent and Trademark Office’s Patent Trial and Appeal Board on October 3, 2024, the companies reached a settlement. For now, the terms are confidential; however, it will be interesting to see what agreement the two companies have reached.

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