Novartis AG v. Noven Pharmaceuticals Inc., No. 16-1678 (Fed. Cir. 2017)Annotate this Case
The Novartis Patents-in-Suit belong to the same patent family, entitled “TTS Containing an Antioxidant,” and disclose a “[p]harmaceutical composition comprising” a compound commonly known as rivastigmine “in free base or acid addition salt form and an antioxidant,” “useful . . . for the treatment of Alzheimer’s disease.” The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) found that various claims would have been obvious over prior art, 35 U.S.C. 103(a). The Federal Circuit affirmed, rejecting an argument challenging the PTAB’s conclusion that prior judicial opinions did not control its inquiry and the PTAB’s factual findings in support of its obviousness conclusion. The court concluded that the record here was differed from that in the prior litigation cited by Novartis and that substantial evidence supported the PTAB’s findings with respect to motivation to combine prior references.