Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged biotechnology · clear
Written by : Nima Zargari, Ph.D. & Joseph Mallon, Ph.D. On April 26, 2023, the European Commission proposed a pharmaceutical law reform directed to replacing the existing pharmaceutical legislation. The reform aims to increase innovation and competition in…
Written by : Blake A. Winn & Jason J. Jardine The “Orange Book”, more formally known as Approved Drug Products with Therapeutic Equivalence Evaluations, identifies U.S. Food and Drug Administration (FDA) approved drug products as well as any…
Written by : Ashley C. Morales & Michael L. Fuller In ChromaDex, Inc. v Elysium Health, Inc., Appeal No. 2022-1116, the Federal Circuit upheld the invalidity of a claim reciting a supplement comprising nicotinamide riboside (“NR”), a component…
Written by : Zachary B. Messick & Douglas B. Wentzel ARBUTUS BIOPHARMA CORPORATION v. MODERNATX, INC. Before Reyna , Schall, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : Arbutus’ patent was anticipated by an earlier Arbutus…
Written by : Ari Feinstein & Agnes Juang, Ph.D. On March 29, 2023, the Solicitor General of the United States asked the Supreme Court to review a Federal Circuit judgment in a Hatch-Waxman case between Teva and GSK. In its decision below, the Federal…
Written by : Brandon D. Hupka & Hans L. Mayer REGENTS OF THE UNIVERSITY OF MINNESOTA V. GILEAD SCIENCES, INC. Before Lourie , Dyk, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : For drug patents, adequate written description of a broad…
Two days ago, the companies that joined forces in order to develop the first Covid vaccine that got approval for emergency use by FDA, Pfizer and BioNTech received news of yet another lawsuit related to the mRNA technology used to develop the vaccine.…
CAREDX, INC. V. NATERA, INC. Before Lourie , Bryson, and Hughes Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where specification admitted the steps were…
Small molecule drugs have been the norm for much of medicine’s history. Only in the past decade has there been a rise in large molecule drugs which also obtained FDA approval. When it comes to the world of pharmaceuticals, they are divided into two…
MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION Before Lourie, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Sublicensee’s theory of royalty-based injury was too speculative to support standing on appeal. Later…
MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION Before Lourie, O’Malley and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A presumption of obviousness based on overlapping ranges requires showing that the overlapping range is…
JUNO THERAPEUTICS, INC. v. KITE PHARMA, INC. Before Moore, Prost, and O’Malley. Appeal from the United States District Court for the Central District of California. Summary: Knowledge of a common general structure and the disclosure of two…
