Viatris Clears US Symbicort Hurdle But Loses Key Patent Fight To AstraZeneca

Three US Patents Not Invalid Due To Obviousness; Appeal Planned

Viatris and partner Kindeva Drug Delivery are celebrating a first tentative nod for a generic to one of the most significant respiratory opportunities in the US, but cannot launch at present with the firms having failed to navigate key pieces of intellectual property.

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Viatris failed to demonstrate obviousness by clear and convincing evidence • Source: Shutterstock

Viatris has received a first tentative approval from the US Food and Drug Administration for a generic to AstraZeneca’s blockbuster Symbicort (budesonide/formoterol fumarate dihydrate) pressurized metered dose inhaler, although an unfavorable patent-litigation court decision handed down shortly beforehand has left the generics and biosimilars giant on the back foot.

Days before the tentative approval was announced, a court in West Virginia held as valid asserted claims in three patents...

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