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Johnson & Johnson Prevails Over Generic Drugmakers in US Appeal Over Schizophrenia Treatment Patent.
ByAinvest
Tuesday, Jul 8, 2025 5:59 pm ET1min read
Johnson & Johnson has defeated generic drugmakers Teva and Viatris in a US appeals court over a patent covering its schizophrenia medication Invega Sustenna. The court ruled that Teva and Viatris failed to demonstrate that the patent's innovations were obvious, blocking their path to manufacturing a cheaper generic version of the drug. J&J sold over $4.2 billion worth of Invega Sustenna worldwide last year.
Johnson & Johnson (J&J) has successfully defended its patent for Invega Sustenna, a blockbuster schizophrenia medication, against appeals from Teva Pharmaceutical Industries Ltd. and Viatris Inc. The US Court of Appeals for the Federal Circuit ruled that Teva and Viatris failed to demonstrate that the patent's innovations were obvious, preserving J&J's exclusivity until 2031.The patent in question, US Patent No. 9,439,906, covers dosing regimens for long-acting injectable antipsychotic medications, including Invega Sustenna. Teva Pharmaceuticals USA Inc. and Viatris' Mylan Laboratories Ltd. subsidiary argued that the claimed dosing schedules would have been obvious to skilled researchers, but the court disagreed.
Judge Richard Taranto, writing for a three-judge panel, stated that the presumption of obviousness did not apply in this case. The specific combination of dosages and timing in the claimed regimen was not sufficiently addressed by the prior art, making the claims non-obvious.
J&J sold over $4.2 billion worth of Invega Sustenna worldwide last year. The victory in the patent battle will allow J&J to continue to generate revenue from the drug while blocking generic competition until 2031.
References:
[1] https://news.bloomberglaw.com/ip-law/j-js-invega-sustenna-patent-survives-teva-viatris-appeals
[2] https://news.bloomberglaw.com/pharma-and-life-sciences/j-js-invega-sustenna-patent-survives-teva-viatris-appeals
[3] https://law.justia.com/cases/federal/appellate-courts/cafc/25-1228/25-1228-2025-07-08.html
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