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US court refuses to block Sanofi-Aventis's insulin pen

This article was originally published in Scrip

Executive Summary

A US appeals court has affirmed a New Jersey judge's decision not to preliminarily enjoin sales of Sanofi-Aventis's Lantus (insulin glargine) SoloStar pre-filled disposable pen pending a decision on the merits of a patent dispute. Novo Nordiskalleged the SoloStar system infringed its patent on an insulin injection pen that requires less force to inject the medicine and prevents the user from dialing up a dose that exceeds the amount of insulin remaining in the pen. In February a New Jersey federal judge denied Novo Nordisk's request for a preliminary injunction, finding that the plaintiff failed to show a likelihood of success on the merits. The Federal Circuit Court of Appeals has now affirmed the ruling. The Lantus SoloStar pen entered the US market last year.

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