Novartis Sclerosis Drug Patent Gets Axed In AIA Review

Law360, Los Angeles (September 28, 2015, 8:06 PM EDT) -- In a rare win for generic-drug makers contesting a branded drug patent, the Patent Trial and Appeal Board ruled Thursday that a patent covering Novartis AG’s multiple sclerosis treatment Gilenya is invalid as obvious, granting challenges made by Torrent Pharmaceuticals Ltd., Mylan and Apotex.

In making two identical final decisions in the inter partes reviews under the America Invents Act, the board said that the challenged claims of U.S. Patent Number 8,324,283 B2 are obvious over prior art.

“We conclude petitioners have established by a preponderance of the evidence that claims 1-32 of the ‘283 patent are unpatentable,” the board wrote...

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