Novartis Gilenya Patent Claims Fall in Federal Circuit Recast

Novartis Pharmaceuticals Corp. lost a battle over some patent claims on the dosage regimen for its blockbuster multiple sclerosis drug Gilenya after two Federal Circuit judges reversed a previous panel’s decision.

HEC Pharm Co. asked the US Court of Appeals for the Federal Circuit to reconsider its January opinion, which previously found that the patent adequately described the invention and affirmed an order blocking HEC from selling a generic version of Gilenya until 2027, when Novartis’s patent expires. The Patent Act requires that a patent provide a precise definition in its claims to establish that the inventor possesses the ...