Law360, New York (January 11, 2018, 4:38 PM EST) -- While certain claims in a Novartis AG patent for its immunosuppressant Zortress probably could have been found by other chemists based on existing knowledge, the chances were so small that the discovery deserves a patent, the Patent Trial and Appeal Board ruled Thursday.
So many things had to go right to discover Zortress, or everolimus, starting from choosing the molecule rapamycin to finding the right receptor molecules to modifying rapamycin a specific way, the panel said before shooting down the challenge brought by Par Pharmaceutical Inc., Breckenridge Pharmaceutical Inc. and Roxane Laboratories Inc.
"We find that the person of ordinary skill...
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