IPR2016-01461, Pat. Tr. App. Bd.
Fitzpatrick Successfully Opposes IPR Institution On Behalf Of Novartis AG
On February 13, 2017, the Patent Trial and Appeal Board ruled in favor of Fitzpatrick’s client Novartis AG, denying a request by Roxane Laboratories, Inc. to institute inter partes review of U.S. Patent No. 9,006,224.
The Board agreed with Novartis that Roxane failed to establish a reasonable likelihood of showing that the challenged claims of the ‘224 patent would have been obvious. Those claims cover the use of Novartis’s Afinitor® (everolimus) product to treat advanced pancreatic neuroendocrine tumors.
Novartis was represented by Fitzpatrick attorneys Charlotte Jacobsen, Christina Schwarz, Nicholas N. Kallas, Laura Fishwick and Caitlyn Bingaman (admission pending).