Exelixis announced that the U.S. Court of Appeals for the Federal Circuit affirmed a key portion of the 2024 Delaware district court judgment in its favor in the patent litigation against MSN Laboratories. The appellate court upheld the validity of three patents covering the crystalline malate salt of cabozantinib, marketed as CABOMETYX, while dismissing as moot the appeal over a low-impurity formulation patent. As a result, the earliest MSN could launch its generic product in the U.S. is January 15, 2030, subject to further appeals and regulatory exclusivity, and pending the outcome of litigation over another formulation patent expiring in February 2032, with trial set for November 2026. Exelixis said it will continue to defend its intellectual property portfolio.
Exelixis IncFederal Circuit upheld validity of three CABOMETYX patents, blocking MSN's generic launch until at least January 2030.
Appellate ruling affirmed patents against MSN, delaying its generic cabozantinib launch in the U.S. until 2030.
