Case: Patents/Anticipation (P.T.A.B.)

Challenged claims of Shilpa Pharma Inc.'s patent that discloses crystalline α, β, and μ polymorphic forms of fingolimod hydrochloride (2-amino-2-[2-(4-octylphenyl)ethyl]propane-1, 3-diol hydrochloride), an immunosuppressant drug used in the treatment of multiple sclerosis, and processes for their preparation, are unpatentable as anticipated by prior art, the Patent Trial and Appeal Board said, in an inter partes review by Novartis Pharmaceuticals Corp. According to the board, the challenged claims are anticipated by prior art directed to crystalline forms and hydrates of 2-amino-2-[2-(4-octylphenyl)ethyl] propane-1,3-diol, and to its uses. And the board dismissed Novartis Pharmaceuticals’ motion to exclude evidence, denied its motion for sanctions, ...