(D. Del. 2017)
Fitzpatrick Successfully Defends Novartis Method Of Use Afinitor® Patents
On December 14, 2017, Judge Richard G. Andrews of the District of Delaware ruled in favor of
Fitzpatrick’s client Novartis. The decision upholds the validity of U.S. Patent Nos. 8,410,131 and
9,006,224, which claim methods of using Novartis’s Afinitor® (everolimus) product to treat
advanced renal cell carcinoma (“RCC”), and advanced pancreatic neuroendocrine tumors
Judge Andrews rejected West-Ward Pharmaceuticals’ argument that the ’131 and ’224 patents
were invalid as obvious. Instead, Judge Andrews agreed with Novartis that, inter alia, one of
ordinary skill in the art would not have reasonably expected everolimus to treat either advanced
RCC or PNETs at the time the patents were filed.
The Fitzpatrick team was led by Nicholas Kallas and Charlotte Jacobsen, and also included
Christina Schwarz, Susanne Flanders, Jared Stringham, Shannon Clark and Laura Fishwick.