PTAB Upholds GILENYA™ Method of Treatment Patent, Prompting New ANDA Litigation, PTAB Litigation Blog

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In Apotex Inc. v. Novartis AG, IPR2017-00854, Paper 109 (Jul. 11, 2018), the PTAB held that the claims of U.S. Patent No. 9,187,405 were not unpatentable on three separate grounds. Shortly thereafter, Novartis filed suit against numerous generic drug companies in the District of Delaware asserting infringement of the ’405 patent due to their intended manufacture and sale generic forms of GILENYA™, Novartis’ multi-billion dollar drug used for treating multiple sclerosis. (See 18-cv-1038 (against Apotex), 18-cv-1039 (against Teva), 18-cv-1040 (against Sun Pharma), and 18-cv-1043 (against Accord Healthcare).)

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