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Vanda Pharmaceuticals Responds to Ruling in HETLIOZ ANDA Appeal WASHINGTON

Key Takeaway: Vanda Pharmaceuticals Inc. has responded to a recent ruling from the United States Court of Appeals, which affirmed a December 2022 decision invalidating several of its patents related to HETLIOZ. In light of the ruling, Vanda is considering whether to request a rehearing. Despite the setback in the U.S., HETLIOZ remains approved in the European Union and is unaffected by the current litigation. This development raises concerns about Vanda's market position regarding potential generic competition for HETLIOZ.

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CONCERNS & RISKS

  • The three-judge panel affirmed a lower court's decision that invalidated critical Vanda patents.
  • Vanda is contemplating options, including a possible rehearing, indicating uncertainty about the patent situation.
  • The ruling may impact Vanda's exclusivity over HETLIOZ and open the market to generic competition.

Full Press Release Details

Vanda Pharmaceuticals Responds to Ruling in HETLIOZ ANDA
WASHINGTON, May 10, 2023 /PRNewswire/ Vanda Pharmaceuticals Inc. (Vanda) (Nasdaq: VNDA) today responded to the ruling in its
HETLIOZ Abbreviated New Drug Application appeal.
Today a three-judge panel of the United States
Court of Appeals for the Federal Circuit issued a written opinion that affirmed a December 13, 2022, decision of the United Sates District Court for the District of Delaware, which held that the asserted claims of Vanda s U.S. Patent Nos.
RE46,604; 9,730,910; 10,149,829; and 10,376,487 are invalid.
Vanda is considering its options, including whether to request a rehearing.
HETLIOZ is also approved in the European Union and is not subject to this litigation, nor is generic
litigation pending outside of the United States. The litigation does not relate to the HETLIOZ LQ oral suspension formulation.
About Vanda Pharmaceuticals Inc.
global biopharmaceutical company focused on the development and commercialization of innovative therapies to address high unmet medical needs and improve the lives of patients. For more on Vanda Pharmaceuticals Inc., please visit
For full U.S. Prescribing Information for HETLIOZ , including indication and Important Safety
Information, visit www.hetlioz.com.
CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS
Various statements in this press release, including, but not limited to statements regarding Vanda s consideration of its options, are
forward-looking statements under the securities laws. All statements other than statements of historical fact are statements that could be deemed forward-looking statements. Forward-looking statements are based upon current expectations
and assumptions that involve risks, changes in circumstances and uncertainties. Important factors that could cause actual results to differ materially from those reflected in Vanda s forward-looking statements include, among others, whether
Vanda will request a rehearing and whether such request is granted. Therefore, no assurance can be given that the results or developments anticipated by Vanda will be realized or, even if substantially realized, that they will have the expected
consequences to, or effects on, Vanda. Forward-looking statements in this press release should be evaluated together with the various risks and uncertainties that affect Vanda s business and market, particularly those identified in the
Cautionary Note Regarding Forward-Looking Statements , Risk Factors and Management s Discussion and Analysis of Financial Condition and Results of Operations sections of Vanda s Annual Report on Form 10-K for the fiscal year ended December 31, 2022, as updated by Vanda s subsequent Quarterly Reports on Form 10 Q, Current Reports on Form 8-K and other filings with
the U.S. Securities and Exchange Commission, which are available at www.sec.gov.
All written and verbal forward-looking statements attributable to Vanda or any person acting on its behalf
are expressly qualified in their entirety by the cautionary statements contained or referred to herein. Vanda cautions investors not to rely too heavily on the forward-looking statements Vanda makes or that are made on its behalf. The information in
this press release is provided only as of the date of this press release, and Vanda undertakes no obligation, and specifically declines any obligation, to update or revise publicly any forward-looking statements, whether as a result of new
information, future events or otherwise, except as required by law.
Senior Vice President, Chief Financial Officer and
Vanda Pharmaceuticals Inc.
Head of Corporate Affairs
Vanda Pharmaceuticals Inc.

Frequently Asked Questions

What was the ruling regarding Vanda's HETLIOZ patent?

The U.S. Court of Appeals affirmed that Vanda's patents for HETLIOZ are invalid.

Is HETLIOZ involved in any litigation outside the U.S.?

No, HETLIOZ is approved in the EU and has no pending litigation outside the U.S.

What options is Vanda considering after the ruling?

Vanda is considering options, including the possibility of requesting a rehearing.

Does the litigation affect the HETLIOZ oral suspension?

The litigation does not relate to the HETLIOZ LQ oral suspension formulation.

Where can I find the prescribing information for HETLIOZ?

The full U.S. Prescribing Information for HETLIOZ is available at www.hetlioz.com.

Last updated: May 10, 2023