Novartis AG's experience battling inter partes review (IPR) patent challenges shows how perilous the process is for patent owners. The risk was reinforced this month as the US Court of Appeals for the Federal Circuit upheld decisions invalidating patents on two Novartis drugs.
In an April 12 opinion, the court affirmed the US Patent and Trademark Office's Patent Trial and Appeal Board decision that a composition patent covering its multiple sclerosis pill Gilenya (fingolimod) is invalid for being obvious. A week earlier, the Federal Circuit upheld a PTAB decision invalidating two patents on its Exelon Patch (rivastigmine) for Alzheimer's disease
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