On April 17, the U.S. Supreme Court denied a petition for writ of certiorari filed by pharmaceutical developer Novartis seeking to overturn a decision on rehearing by the U.S. Court of Appeals for the Federal Circuit that invalidated patent claims covering the blockbuster multiple sclerosis (MS) treatment, Gilenya. The cert denial leaves in place a CAFC decision derided by commentators as “procedural insanity” and increases the focus upon certain machinations at the appellate court bearing the fingerprints of Chief Judge Kimberly Moore.
Recent Posts
- Other Barks & Bites for Friday, May 9: USPTO Responds to GAO Report; Stewart Welcomes National Inventors Hall of Fame Inductees; CAFC Defines ‘Ground’ for IPR Estoppel Statute
- PTAB Designates as Informative Stewart Decision on Discretion to Institute in Context of Parallel District Court Litigation
- Judge Hughes Again Calls Out CAFC’s Overly Rigid Article III Analysis for Pharmaceutical Cases
- Coke Stewart’s Recent Show Cause Order Offers Hope for Addressing Serial Patent Challenges
- The USPTO Should Reintroduce the AFCP Program—Now