IPR2016-01461 (P.T.A.B. 2017)
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 Christina Schwarz, Nicholas N. Kallas, Laura Fishwick and Caitlyn Bingaman (admission pending).