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Novartis Rehearing Rejected by Fed. Cir. After Rare Opinion Redo

Sept. 20, 2022, 6:58 PM

Novartis Pharmaceutical Corp. was denied a rehearing by the Federal Circuit after an unusual set of events where a slightly different panel reversed an earlier decision, leading to the invalidating of some patent claims on Novartis’ blockbuster multiple sclerosis drug Gilenya.

The US Court of Appeals for the Federal Circuit had already granted HEC Pharm Co. a panel rehearing in the case over whether HEC should be blocked from selling a generic version of the drug. The appeals court first found in a split decision that the patent adequately described the invention, but the makeup of the three-judge panel changed ...