Pharma Company Tells High Court Petitioner Not Entitled To Invoke Arthrex

(September 4, 2020, 10:11 AM EDT) -- WASHINGTON, D.C. — A generic drug manufacturer that prevailed in both an inter partes review (IPR) of a competitor's patents and a subsequent Federal Circuit U.S. Court of Appeals ruling filed its opposition to the patent holder's petition for certiorari on Aug. 24, asking the U.S. Supreme Court to affirm that Sanofi-Aventis Deutschland GMBH cannot challenge the IPR decision under the recent ruling in Arthrex, Inc. v. Smith & Nephew, Inc. because it failed to raise the issue in a timely manner (Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc., No. 19-1451, U.S. Sup.)....