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Intellectual PropertyColumns & DepartmentsLitigationPatent Licensing and TransactionsPatent LitigationThe Intellectual Property Strategist

IP News

By Jeff Ginsberg and Hui Li

Obviousness-Type Double Patenting Does Not Invalidate Section 156 Patent Term Extension 

 

On Dec. 7, 2018, a Federal Circuit panel consisting of Judges Moore, Chen and Hughes affirmed the District of Delaware decision upholding the validity of Novartis's patent term extension (PTE) in Novartis AG et al. v. Ezra Ventures LLC, No. 2017-2284. Novartis AG (Novartis) filed suit against Ezra Ventures LLC (Ezra), alleging infringement of claims 9, 10, 35, 36, 46 and 48 of U.S. Patent No. 5,604,229 (the '229 patent), in response to Ezra's Abbreviated New Drug Application (ANDA) for a generic of Novartis's Gilenya® multiple sclerosis drug. On Sept. 22, 2016, the district court denied Ezra's motion for judgment on the pleadings. Ezra subsequently stipulated to infringement of the asserted claims to the extent such claims are not invalid, expired or unenforceable. The district court issued judgment on June 9, 2017, finding the '229 patent valid, enforceable and infringed, and imposed an injunction on the Ezra generic until the '229 patent expires in 2019. Ezra appealed.

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