U.S. Supreme Court Grants Shire Petition
Shire plc (LSE: SHP, NASDAQ: SHPG) today announced that the U.S. Supreme Court granted Shire's petition in the Shire v. Watson patent case regarding LIALDA(mesalamine, 1.2 gram). The granting of this petition by the Supreme Court vacates the decision of the U.S. Court of Appeals for the Federal Circuit with respect to the claim construction in the case against Watson (now Actavis).
In 2013, Shire prevailed in the United States District Court for the Southern District of Florida in a patent litigation against Watson (now Actavis) involving U.S. Patent No. 6,773,720 for LIALDA. On appeal, the Federal Circuit reversed the District Court's claim construction. With the granting of the petition by the Supreme Court, the Federal Circuit's decision on claim construction is vacated, and the case will be remanded back to the Federal Circuit for further consideration under the deferential standard of review announced by the Supreme Court last week in Teva v. Sandoz.
Shire is pleased with the Supreme Court's recent action and believes that it substantiates Shire's continued confidence in its patent position.