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.