Novartis is currently embroiled in a sprawling multi-district patent-litigation campaign to block generic entrants for Entresto®, which is Novartis’ blockbuster heart medication. Numerous generics have filed ANDAs, and Novartis has asserted a variety of patents against them. In the fall of 2022, Novartis went to trial on the validity of one of the patents, U.S. Patent No. 8,101,659 (“the ‘659 patent”). The trial briefs suggest Novartis is asking the court to block lower-cost generic entrants based on a patent that it didn’t really invent. How can this be?
Read More