Novartis Pharmaceuticals Corporation V. Msn Pharmaceuticals, Inc., decided 4 Dec 24

Novartis Pharmaceuticals Corporation appealed a district court's denial of a preliminary injunction against MSN Pharmaceuticals, Inc., preventing the launch of MSN's generic version of Entresto. The dispute centered on whether MSN's product infringed Novartis's patent for an amorphous form of a compound. The district court found Novartis did not demonstrate a likelihood of success on the merits because conflicting expert evidence existed regarding the presence of the patented amorphous form in MSN's product. The court also found that Novartis failed to prove irreparable harm. The appeals court affirmed the district court’s decision, finding no clear error in its factual findings and holding that the evidence did not support granting the injunction. The court also expressed concern about the district court's claim construction but deemed any error harmless due to the insufficiency of evidence of infringement.