Novartis defeats challenge to validity of Afinitor patent

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Novartis defeats challenge to validity of Afinitor patentThe U.S. Court of Appeals for the Federal Circuit upheld claims 1-3 of a Novartis patent on the use of everolimus, the active ingredient in Afinitor, to treat advanced renal cell carcinoma (RCC). The decision affirms a December 2017 ruling against New Jersey-based West-Ward Pharmaceuticals, which has been known as Hikma Pharmaceuticals USA since last June. A skilled practitioner “would not have reasonably expected success in using everolimus to treat advanced RCC as of February 2001,” the priority date of Basel, Switzerland-based Novartis’ patent, Circuit Judge Kara Farnandez Stoll wrote for the unanimous three-judge panel.

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