Viatris makes progress on Ozempic patent challenge

By Eleanor Laise

Board agrees to review patent covering certain strengths of blockbuster diabetes drug

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

Viatris is "pleased" with the board's decision to review the validity of the patent, and a final written decision is expected in October 2024, the spokesperson said.

In the decision dated Wednesday, the patent trial and appeal board said that based on the arguments and evidence presented thus far, the board is persuaded that Mylan "has demonstrated a reasonable likelihood that it would prevail with respect to at least one claim challenged in the petition."

Novo Nordisk said in a statement Wednesday that it "will vigorously defend the company's intellectual property in this matter," adding that it cannot comment further as the dispute is ongoing.

The decision comes after the patent trial and appeal board earlier this week declined to review two other Mylan challenges to patents covering semaglutide, the active ingredient in Ozempic and Wegovy, which is also made by Novo Nordisk. The Viatris spokesperson said that the company also "firmly believes that these patents are invalid and will continue to vigorously challenge their validity" in court.

Viatris shares gained 0.5% on Wednesday and are down 12.9% in the year to date, while Novo Nordisk's American depositary receipts gained 1.4% Wednesday and are up 31.6% so far this year.

-Eleanor Laise

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10-04-23 1705ET

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