In a patent infringement dispute, GlaxoSmithKline prevails over Teva Pharmaceuticals.

Teva Pharmaceuticals failed to persuade a US Appeals Court to give it another chance to submit its arguments for overturning a $235 million decision in favor of GlaxoSmithKline in a patent case involving heart failure and high blood pressure medicine Coreg. “The Company was planned to appeal to the United States Supreme Court very soon,” Teva spokesman Kelley Dougherty said. Throughout the dispute, GSK was represented by Juanita Brooks of Fish & Richardson, while Teva was represented by Willy Jay of Goodwin Procter.

Teva’s bid to revive the dispute over skinny labels generic drugs was denied by the full United States Court of Appeals for the Federal Circuit in a 7:3 vote. To avoid the possibility of future patent infringement lawsuits, this decision excludes specific drug uses. Within the pharmaceutical business, this case was closely monitored in order to learn more about its potential impact on generics. Apotex, Mylan, and Sandoz, among other generic drugmakers, filed briefs in support of Teva’s appeal.

In 2017, a Delaware jury concluded that Teva’s generic Coreg label infringed on a GSK patent for using the medicine to treat heart failure. However, one of the judges overturned the verdict, but after a rehearing last year, the Federal Circuit reinstated it in the year 2020, confirming the verdict. Following a rehearing, Circuit determined that Teva’s label encouraged clinicians to use its generic for the same condition in an infringing manner.

The dissents were mainly focused on points that Teva had not mentioned in its petition, six justices concluded in a concurring opinion filed by Chief Circuit Judge Kimberly Moore. Glaxo Smith Kline LLC v. Teva Pharmaceuticals USA Inc, U.S. Court of Appeals for the Federal Circuit, case no. 18-1976, is the name of the case.