PhRMA Urges Fed. Circ. To Rethink Novo Patent Obviousness

Law360, New York (August 30, 2013, 5:42 PM EDT) -- The Federal Circuit put future innovation at risk earlier this year when it invalidated a Novo Nordisk A/S patent related to diabetes drug Prandin on obviousness grounds, trade group Pharmaceutical Research and Manufacturers of America said Thursday in a friend-of-the-court brief urging reconsideration.

PhRMA, which represents brand-name drugmakers, asserted that a 2-1 decision in June distorted the court’s own standards for an “obvious to try” argument that in this case sought to strike down a method patent for combining Prandin, or repaglinide, with metformin.

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