Fed. Circ. Reverses Initial Panel To Find Gilenya IP Invalid

By Andrew Karpan (June 21, 2022, 11:07 PM EDT) -- The Federal Circuit held Tuesday that Novartis' patent covering its multibillion-dollar multiple sclerosis drug Gilenya isn't valid after all, reversing an earlier panel that found in favor of the Swiss drugmaking giant.

The split panel on Tuesday ruled that a Delaware federal court erred by rejecting an argument from Chinese pharmaceutical company HEC Pharm that Novartis' patent was invalid, finding that language in the patent failed to describe exactly how the drug it covered should be dosed. The decision reversed a split ruling by a Federal Circuit panel in January that had backed the lower court's decision.

Third Circuit Judge Kent Jordan...

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