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The US Supreme Court has denied certiorari for the generic version of Tamiflu (oseltamivir phosphate) oral capsules.
Hyderabad-based Natco Pharma has partnered with Alvogen in the USA for marketing of this product. The denial was issued on Monday in the case of Gilead Sciences, Inc, Natco informed the Bombay Stock Exchange on Tuesday.
Certiorari is a writ seeking judicial review. It is issued by a superior court, directing an inferior court, tribunal, or other public authority to send the record of a proceeding for review.
Natco has already received a tentative approval last year for Oseltamivir Phosphate Capsuleson the Abbreviated New Drug Application (ANDA) containing a paragraph IV certification filed with the United States Food & Drug Administration (USFDA).
In April, 2014 a Federal Circuit decision agreed with Natco and Alvogen’s position that an earlier filed and earlier expiring patent qualifies as an obviousness-type double patenting reference for a later filed and later expiring patent.
The Supreme Court now had declined to review the Federal Circuit’s decision.
The case remains pending in the District of New Jersey where the validity of the US patent continues to be challenged, Natco said.
The company’s scrip gained 5.81 per cent to end at Rs 1642.80 on the Bombay Stock Exchange on Tuesday.
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