Fed. Circ. Won't Revive Novartis Hemophilia Drug IP Suit

Law360, New York (August 23, 2011, 5:32 PM EDT) -- The Federal Circuit on Tuesday rejected a bid from Genetics Institute LLC to revive a suit against Novartis Vaccines & Diagnostics Inc. claiming that a GI patent for the formula for hemophilia treatment ReFacto had priority of invention over two Novartis patents.

A divided appellate panel issued a precedential ruling holding that a Delaware federal court didn't err when it dismissed GI's suit and ruled that the two-way test used to determine if patents interfere with each other hadn't been met.

The majority affirmed “the district...
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