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Big Law

High Court Won’t Revive Patent for Anti-Nausea Drug

The Supreme Court refused Tuesday to reinstate a Swiss pharmaceutical company’s patent for anti-nausea medication Aloxi for chemotherapy patients, ruling patents can’t be issued for inventions that have already been offered for sale.

The unanimous decision from the nine justices upheld a Federal Circuit ruling that stripped Helsinn Healthcare of the patent and allowed rival Teva Pharmaceuticals Industries to begin selling a generic version of the drug Aloxi.

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