The Federal Court of Appeal has dismissed an appeal of a lower court decision where the trial judge found Novartis’ patent invalid

Decision Invalidating Patent as Method of Medical Treatment Upheld

Novartis Pharmaceuticals Canada Inc. v. Cobalt Pharmaceuticals Company, 2014 FCA 17 
Drug: zoledronic acid

As we summarized earlier, the Court held that the patent fell within the skill of a medical practitioner for claiming treatment using various dosage ranges and intermittent timing.

The Court of Appeal was unwilling to conclude in the face of Tennessee Eastman that a method of medical treatment is patentable subject matter, or that the trial judge misconstrued the patent.