Legal Opinion

Novartis Pharmaceuticals Corp v. West-Ward Pharmaceuticals

Court of Appeals for the Federal Circuit

Decided May 13, 2019No. 2018-1434PublishedCited by 11 opinions

1Opinion of the Court

Stoll, Circuit Judge.

West-Ward Pharmaceuticals International Ltd ("West-Ward") 1 appeals the decision of the United States District Court for the District of Delaware holding that claims 1-3 of U.S. Patent No. 8,410,131 would not have been obvious in view of the prior art. We conclude that the district court did not err in its nonobviousness determination and affirm.

BACKGROUND

Novartis Pharmaceuticals Corp. and Novartis AG (collectively, "Novartis") own the '131 patent, which claims methods of using the compound everolimus to treat advanced renal cell carcinoma ("RCC"). Everolimus is the…

2Cases cited18 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  3. KSR International Co. v. Teleflex Inc.Supreme Court of the United States · 2007
  4. Pfizer, Inc. v. Apotex, Inc.Court of Appeals for the Federal Circuit · 2007
  5. Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Federal Circuit · 2009

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3Cited by11 opinions

  1. Elekta Limited v. Zap Surgical Systems, Inc.Court of Appeals for the Federal Circuit · 2023
  2. Carefirst of Maryland, Inc., et al. v. Johnson & Johnson and Janssen Biotech, Inc.District Court, E.D. Virginia · 2025
  3. Eli Lilly and Company v. Teva PharmaceuticalsCourt of Appeals for the Federal Circuit · 2021
  4. Honeywell International Inc. v. 3g Licensing, S.A.Court of Appeals for the Federal Circuit · 2025
  5. Immunogen, Inc. v. StewartCourt of Appeals for the Federal Circuit · 2025

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