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Exelixis Announces Appellate Court Affirms Key Part Of 2024 Judgement Of U.S. District Court In Favor Of Co. Against MSN Laboratories; Appellate Court Upholds District Court Decision That Three Patents Are Not Invalid Covering Crystalline Malate Salt Of Cabozantinib
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Exelixis, Inc. (NASDAQ:EXEL) today announced that in the lawsuit Exelixis, Inc. (Exelixis) vs. MSN Laboratories Private Limited et al. (MSN), Civil Action No. 22-00228 (Consolidated), the U.S. Court of Appeals for the Federal Circuit (Appeal No. 25-1236) has affirmed a key portion of the 2024 judgment of the U.S. District Court for the District of Delaware in Exelixis’ favor. The appellate court upheld the District Court's decision that three patents covering the crystalline malate salt of cabozantinib (No. 11,091,439 [crystalline salt]; 11,091,440 [pharmaceutical compositions]; and 11,098,015 [methods of treatment]) are not invalid. Concurrently, the appellate court dismissed the appeal regarding the validity dispute over one of Exelixis’ patents covering low-impurity cabozantinib formulations (U.S. Patent No. 11,298,349), ruling the matter moot.

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