The U.S. Supreme Court on Monday declined to hear Novartis Pharmaceuticals Corp's bid to revive a key patent on its blockbuster multiple sclerosis drug Gilenya that was invalidated amid a legal dispute with China's HEC Pharm Co Ltd .
The justices turned away an appeal by Novartis of a lower court's decision to cancel the patent, a ruling that paved the way for some generic versions of Gilenya.
The U.S. Food and Drug Administration in 2010 approved Gilenya to treat relapsing forms of multiple sclerosis, a chronic disease that affects the central nervous system. The U.S. Court of Appeals for the Federal Circuit determined last year that the patent was invalid, in a 2-1 reversal of its own previous split decision to uphold the patent.a Novartis emergency bid to pause the decision. Novartis argued that the ruling would greenlight at least a dozen generics and harm it in ways that could be "impossible to calculate at an after-the-fact damages trial.
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