Novartis Asks High Court To Restore Allergy Drug Patent

Law360, New York (February 8, 2013, 9:45 PM EST) -- Novartis AG’s Alcon Inc. unit on Friday urged the U.S. Supreme Court to reverse a Federal Circuit ruling that stripped patent protection for its allergy drug Pataday, arguing that the appeals court’s finding on claim construction goes against Federal Circuit precedent and the Patent Act.

Alcon, along with biotechnology company Kyowa Hakko Kirin Co. Ltd., told the high court that the Federal Circuit panel incorrectly concluded that a dependent claim in a patent may be used to eliminate a limitation in an independent claim on which...
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