Generic Drug Co. Asks SCOTUS to Review Gilenya Patent Decision

Argentum Pharmaceuticals LLC’s involvement in a joint venture to make a generic version of Novartis Pharmaceuticals Corp.'s Gilenya multiple-sclerosis drug should have given it standing to appeal a validity decision for a patent covering the drug, it said in a petition for U.S. Supreme Court review.

The U.S. Court of Appeals for the Federal Circuit’s decision to the contrary “turns upside down the framework Congress established to allow unlawful patents to be challenged and to allow generic drugs to be brought expeditiously to market,” Argentum said in its Tuesday petition.

The Federal Circuit ruled in April that Argentum didn’t have ...