On June 21, 2022, the Federal Circuit acting on a request for panel rehearing in the decision by the Federal Circuit in Novartis v. Accord Health Care, Inc., 21 F.4th 1362 (Fed. Cir. 2022), affirming the district court's decision of infringement and validity of the Novartis patent on Gilenya, U.S.P. 9,187,405, granted the request and proceeded to reverse the original decision and hold the asserted claim invalid for failing to comply with the written description of 35 U.S.C. ' 112(a).
The difference between the original decision and the rehearing was a change in the panel. Judge O'Malley, who wrote the original opinion in which Judge Linn joined, left the Federal Circuit. Judge O'Malley was replaced by Judge Hughes who joined with Chief...
