Supreme Court Won’t Review Vanda’s IP Obviousness Appeal

On April 22, 2024, the US Supreme Court rejected Vanda Pharmaceuticals Inc.’s request for review of Vanda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA Inc. et al., case number 23-768. The issue in the case was whether patents for a Vanda sleep disorder drug (Hetlioz) are invalid as obvious. The article notes that the “Federal Circuit was using a test for “reasonable expectation of success” when combining prior art in the obviousness review, despite Supreme Court precedent from 2007 requiring ‘predictable results.’” The justices opted not to hear the case without explanation. Teva is represented by John Christopher Rozendaal, Deirdre M. Wells, and William H. Milliken of Sterne Kessler Goldstein & Fox PLLC.