Yesterday, The district court of Michigan ruled that OB listed 6,677,358 (exp: Jun 12, 2018) patent is invalid and unenforceable.
“… The district court ruled that the patent, which covers the combination use of repaglinide and metformin for the treatment of type 2 diabetes, is invalid and unenforceable … ” “…We are disappointed with today’s ruling. We believe that it is contrary to the evidence and we intend to appeal the ruling,” says Jesper Brandgaard, executive vice president and chief financial officer of Novo Nordisk…”
The ANDA applicant who involved in trial, is Carco Pharma Subs of Sun pharmaceuticals.
Note: For the same product, there is a dispute on patent (‘358) and their use code and section viii label carve out.