NOVARTIS AG v. EZRA VENTURES LLC
- Dec 7 2018 |
- Category: CAFC Updates
Ezra Ventures filed an Abbreviated New Drug Application (ANDA) relating to a generic version of Novartis’s branded multiple sclerosis drug Gilenya®. Novartis filed an infringement suit against Ezra in response. This case concerns the interplay between a patent term extension (PTE) granted pursuant to 35 U.S.C. § 156 and obviousness-type double patenting. The District Court concluded that, in accordance with statutory construction principles and as a logical extension of this court’s holding in Merck & Co. v. Hi-Tech Pharmacal Co., 482 F.3d 1317 (Fed. Cir. 2007), obviousness-type double patenting does not invalidate an otherwise validly obtained PTE. Ezra appeals on the issues of statutory construction of § 156 and obviousness-type double patenting. The CAFC agrees with the District Court and, accordingly affirms.