Natco Pharma announced today that it is pleased with the US Supreme Court's decision to deny certiorari for the generic version of Tamiflu oral capsules (oseltamivir phosphate).

Natco is partnered with Alvogen in the USA for marketing of this product. The denial was issued on Mar. 9, 2015, in the case of Gilead Sciences.

Natco has already received a tentative approval on Mar. 14, 2014, for Oseltamivir Phosphate Capsules USP, 30 mg (base), 45 mg (base) and 75 mg (base) on the Abbreviated New Drug Application (ANDA) containing a paragraph IV certification filed with the United States Food & Drug Administration (USFDA).

In the Apr. 22, 2014 Federal Circuit decision, Circuit Judges Chen and Prost agreed with Natco and Alvogen's position that an earlier filed and earlier expiring patent qualifies as an obviousness-type double patenting reference for a later filed, and later expiring patent. The Supreme Court today declined to review the Federal Circuit's decision.

Shares of the company gained Rs 106.45, or 6.86%, to trade at Rs 1,659. The total volume of shares traded was 31,569 at the BSE (3.12 p.m., Tuesday).