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Novartis Pharmaceuticals Corp. v. West-Ward Pharmaceuticals Int’l (Fed. Cir. 2019)

By Kevin E. Noonan — The Federal Circuit exhibited the current status of its obviousness jurisprudence in affirming the District Court’s determination that the asserted claims of U.S. Patent No. 8,410,131 were obvious in a decision handed down this week in Novartis Pharmaceuticals Corp. v. West-Ward Pharmaceuticals Int’l. The case arose in ANDA litigation over Novartis’s Afinitor product (everolimus, a rapamycin derivative; the structure of this compound is set out in claim 1 of the ‘131 patent) to treat renal cell carcinoma (RCC), a particularly resistant form of cancer. Novartis asserted claims 1-3 of the ‘131 patent, directed to methods…

View the original article here: Novartis Pharmaceuticals Corp. v. West-Ward Pharmaceuticals Int’l (Fed. Cir. 2019)

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