Weight loss drugs have surged in popularity, appealing not only to those with health conditions like obesity and type 2 diabetes but also to individuals seeking quick weight loss. Pharmaceutical companies are eager to capitalize on this trend while protecting their patents for these drugs.
Photos: Novo Nordisk
Meet the Companies
Denmark-based Novo Nordisk stands at the forefront of developing effective weight loss medications. Their drug, Wegovy, was one of the pioneers in this sector, catapulting the company to become one of Europe’s most valuable firms. Despite this success, Viatris Inc. has recently challenged Novo’s patents related to Wegovy and Ozempic with the United States Patent and Trademark Office (USPTO).
Mylan Pharmaceuticals Inc., part of Viatris, focuses on making generic drugs accessible while leading in innovation. Speculation suggests that they aim to create a legal strategy for generic versions of the popular drugs Ozempic and Wegovy. In response, Novo has filed lawsuits against Viatris and other companies for patent infringement concerning these proposed generics.
Patent Dispute Developments
The USPTO’s Patent Trial and Appeal Board was responsible for assessing the validity of a patent related to specific dosages of drugs for treating type 2 diabetes. In 2023, the board determined 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 scheduled to issue a final ruling this month, but they chose to extend their decision until January.
Before a final ruling could take place, Novo Nordisk and Viatris reached a settlement to resolve their patent dispute over Ozempic and Wegovy. On October 3, 2024, the companies filed a joint statement with the USPTO’s Patent Trial and Appeal Board, although the terms remain confidential. It will be intriguing to see the specifics of the agreement they have established.
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