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Novartis claims two firms are infringing its patent for multiple sclerosis drug

Companies Accord and Mylan deny the Novartis claim

Pharmaceutical company Novartis has brought High Court proceedings against two rival firms alleging infringement of its patent on a drug for treating multiple sclerosis. Photograph: Gabriel Monett/AFP via Getty Images

Mon Nov 21 2022 - 17:53

Pharmaceutical company Novartis has brought High Court proceedings against two rival firms alleging infringement of its patent on a drug for treating multiple sclerosis.

Switzerland-based Novartis AG, and its Irish affiliate, Novartis Ireland Ltd, claim Accord and Mylan are breaching their patent on Gilenya.The medicine is used in the treatment of relapsing-remitting multiple sclerosis, and contains the active ingredient fingolimod.

Novartis says Gilenya is “one of the most important and valuable products” in its portfolio, contributing more than $2.7 billion of net sales in 2021.

Accord markets its version of the medicine under the name Fingolimod Accord, while the Mylan version is called Fingolimod Mylan.

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Novartis is suing Accord Healthcare SLU, with its principal office in Barcelona, Spain, and its Irish representative Accord Healthcare Ltd.

It is separately suing Mylan Healthcare Ltd, which is part of the Viatris group of companies, Mylan Healthcare Ireland Ltd and McDermott Laboratories, trading as Gerard Laboratories which itself trades as Mylan Dublin and markets the product in Ireland.

The two companies deny the Novartis claims.

The cases were admitted to the High Court’s fast-track Commercial Division on Monday by Mr Justice Denis McDonald, on consent between the parties.

Jonathan Newman SC, for Novartis, said his client was reserving its position in relation to seeking an injunction preventing the marketing of the rival medicines pending the hearing of the patent dispute.

The judge approved directions for progressing the cases and adjourned them to April next.

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