Geneva and Novartis
- Client: Geneva Pharmaceuticals, Inc. and Novartis Corp.
- Date: 2003
- Location: New Jersey
Schiff Hardin represented Geneva and Novartis in this case before both the district and appellate courts. The United States Circuit Court of Appeals for the Federal District affirmed the holding by the United States District Court for New Jersey that Schering's patent claims to the metabolite of Claritin® were invalid as inherently anticipated.
The practical effect of the decision was to vindicate the decision of Geneva and Novartis to offer a generic version of Claritin® brand loratadine when the basic patent on the active ingredient (loratadine) expired in late 2002. Schering had argued that our client's product infringed upon a patent that would not expire until 2004.
Schering Corp. v. Geneva Pharmaceuticals, Inc. and Novartis Corp., et al. (Fed. Cir. 2003)