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WASHINGTON (Reuters) – A U.S. Patent Office tribunal on Monday rejected challenges to two key patents owned by Novo Nordisk (NYSE:NVO) covering the active ingredient in its weight-loss and diabetes drugs Wegovy and Ozempic brought by a generic drugmaker that is hoping to sell generic versions of the blockbuster medications.
The office’s Patent Trial and Appeal Board denied the requests by Mylan (NASDAQ:VTRS) Pharmaceuticals, which is owned by Viatris, to review the validity of the Wegovy and Ozempic patents. Mylan had argued that the patents were obvious based on the anti-diabetes medication liraglutide and thus should be invalidated.
Mylan has also challenged a third patent related to a method of treatment using the drugs. The board’s decision on whether to review that patent is due by Friday.
A spokesperson for Novo Nordisk said the company will “vigorously defend” its intellectual property. Representatives for Viatris did not immediately respond to a request for comment.
Novo’s Wegovy is the first to market in a new class of highly effective weight-loss drugs. Its booming sales have led some analysts to predict the obesity market could be worth more than $100 billion by the end of this decade.
Record profits from Wegovy and type 2 diabetes drug Ozempic – which contains the same active ingredient, semaglutide – helped Denmark-based Novo become Europe’s most valuable company in September.
Novo has filed several U.S. patent lawsuits against companies including Pennsylvania-based Viatris that are seeking to market generic versions of the drugs. Viatris has separately asked a West Virginia federal court to invalidate the patents as part of the litigation.
