Novartis Keeps Grip On Eye Drug Patent In Fed. Circ.

Law360, New York (August 8, 2012, 7:06 PM EDT) -- The Federal Circuit on Wednesday affirmed the validity of a portion of Novartis AG's patent for popular eye allergy treatment Patanol, leaving intact a lower judge's ruling that barred Apotex Inc. from selling its generic challenger.

Though the appeals court said that most of Novartis-unit Alcon Inc.'s patent was invalid because it had been predicted by a 1995 scientific study, it said the study didn't describe two of patent's eight infringed claims, meaning they were valid.

The decision means that U.S. District Judge Richard L. Young's...
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