"The U.S. Court of Appeals for the Federal Circuit today issued a precedential decision reversing a district court's determination that certain claims of a patent for Novartis' heart failure drug Entresto were invalid for lack of written description."
"Entresto includes the active ingredients valsartan and sacubitril 'in a specific form known as a 'complex,' which combines the two drugs into a single unit-dose-form through weak, non-covalent bonds,' according to the CAFC opinion."
"While MSN attempted to argue that the plain and ordinary meaning 'would render the claims invalid for lack of written description and enablement because the specification nowhere describes such complexes,' the district court found that there was 'no basis to believe that the construction [the court] adopt[ed was] necessarily consigning the asserted claims to a judgment of invalidity.'"
The U.S. Court of Appeals for the Federal Circuit reversed a district court's ruling that invalidated certain claims of Novartis' patent for Entresto due to lack of written description. The court affirmed that the claims were not invalid for obviousness, lack of enablement, or indefiniteness. MSN Pharmaceuticals sought to market a generic version of Entresto but was found to infringe Novartis' patent. The court upheld the plain and ordinary meaning of the disputed term in the patent, leading to a favorable outcome for Novartis.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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