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The US Supreme Court Grants Review for Certiorari of a Federal Circuit Panel Ruling that US Patent Protection for Aloxi® in the US Market was Invalid

Lugano, Switzerland, June 26, 2018 – The United States Supreme Court yesterday granted Helsinn’s petition for certiorari to review a Federal Circuit Panel decision, holding that certain patent claims covering Aloxi® (palonosetron hydrochloride) injection are not valid and are not infringed by Teva’s generic palonosetron product.

Helsinn specifically asked the Supreme Court to consider whether, under the Leahy-Smith America Invents Act, the definition of what qualifies to invalidate a patent has changed.  More specifically, Helsinn asked the Supreme Court to consider whether, under the Leahy-Smith America Invents Act, an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential is an act that can invalidate a patent, which is a question that the courts are addressing for the first time.

Helsinn Group is very pleased with the Supreme Court decision to hear this very important issue of first impression, which will have wide-reaching effects on the patent system. Protecting intellectual property is vital to a company’s ability to continue developing medicines that will make a difference in the lives of patients.


About the Helsinn Group

Helsinn is a privately owned pharmaceutical group with an extensive portfolio of marketed cancer care products and a robust drug development pipeline. Since 1976, Helsinn has been improving the everyday lives of patients, guided by core family values of respect, integrity and quality. The Group works across pharmaceuticals, biotechnology, medical devices and nutritional supplements and has expertise in research, development, manufacture and the commercialization of therapeutic and supportive care products for cancer, pain and inflammation and gastroenterology. In 2016, Helsinn created the Helsinn Investment Fund to support early-stage investment opportunities in areas of unmet patient need. The company is headquartered in Lugano, Switzerland, with operating subsidiaries in Switzerland, Ireland, the U.S., Monaco and China, as well as a product presence in approximately 190 countries globally.

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For more information:

Helsinn Group Media Contact

Paola Bonvicini

Group Head of Communication

Lugano, Switzerland

Tel: +41 (0) 91 985 21 21