This decision arose from ANDA litigation relating to Novartis’s Gilenya® product for treating multiple sclerosis.
In Novartis AG v. Ezra Ventures LLC,
the Federal Circuit addressed “the interplay between a patent term
extension (PTE) granted pursuant to 35 U.S.C. § 156 and the
obviousness-type double patenting doctrine.” In upholding the Novartis
Gilenya patent, the court confirmed that the statute permits an extended
product patent to “effectively” block the practice of an
earlier-expiring method patent, and refused to elevate the
judicially-created doctrine of obviousness-type double patenting
over the statutory grant of PTE. Pharmaceutical patent owners will
welcome this decision as reinforcing the validity of patents during
their PTE term, and may consider how it might apply to similar
circumstances raised by a patent term adjustment (PTA) award.
Full length document from pharmapatentsblog....
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