Generics Partner Tells Justices It Can Appeal PTAB Ruling

Law360 (December 9, 2020, 7:56 PM EST) -- Argentum Pharmaceuticals has told the U.S. Supreme Court that it should be allowed to appeal its failed attempt to challenge a Novartis multiple sclerosis drug patent, even though its development partner is the one manufacturing the generic drug and submitting the regulatory approval forms.

In a petition docketed Tuesday, Argentum said it has just as much to lose in this litigation as its joint venture partner, KVK-Tech Inc. If the patent for Novartis' blockbuster drug Gilenya is upheld, then Argentum's drug will have to wait seven years to launch, which the company said is sufficient injury to justify standing, despite the Federal Circuit finding...

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