Obviousness-type double patenting did not invalidate term extension for MS drug

摘要

A pharmaceutical company’s patent term extension (PTE) relating to a drug for treatment of multiple sclerosis was not invalidated by obviousness-type double patenting, the U.S. Court of Appeals for the Federal Circuit has held. The PTE was validly obtained pursuant to Section 156 of the Hatch- Waxman Act, and did not run afoul of the obviousness-type double patenting doctrine. Accordingly, the patent was valid, unexpired, and enforceable with the PTE (Novartis AG v. Ezra Ventures LLC, December 7, 2018, Chen, R.).