Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged biotechnology · clear
The PTAB held that all of Genentech’s challenged antibody purification claims were unpatentable as being anticipated, obvious, or both, in an IPR filed by Hospira and Pfizer, Hospira, Inc., v. Genentech, Inc., IPR2016-01837, Paper 40 (P.T.A.B. March…
On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a patent infringement action in federal district court. Eleventh Amendment immunity had been…
In a recent development with the ongoing complex litigation involving Janssen Biotech’s arthritis biologic medicine Remicade (infliximab) and Celltrion’s biosimilar,(1) Celltrion’s partner Pfizer has filed a suit against Janssen’s…
In an effort to lay the groundwork for generic entry and reduced drug prices, the non-profit group Initiative for Medicines, Access and Knowledge, Inc. (I-MAK), with the support of the Laura and John Arnold foundation, has petitioned the PTAB seeking Inter…
Written by Caleb A. Bates, Ph.D. and Michael L. Fuller In March 2014, Regeneron Pharmaceuticals, Inc. sued Merus B.V. for allegedly infringing U.S. Patent No. 8,502,018 (“the ’018 Patent"). The ’018 Patent generally relates to using…
Written by Robert J. Hilton and Eric Furman, Ph.D. Before Prost, O’Malley , and Wallach. Appeal from the District of Connecticut (nonprecedential). On August 2, 2017, the Federal Circuit affirmed a decision by the U.S. District Court for the District…
Written by Jane Xia and Jing Liu, Ph.D. MILLENNIUM PHARMACEUTICALS, INC. v. SANDOZ INC (Fed. Cir. July 17, 2017) (NEWMAN, Mayer, O’Malley) This case arose out of an ANDA litigation between Millennium and a number of generic-drug companies who sought…
Written by Scott Siera, Ph.D. and Michael L. Fuller Stanford University v. The Chinese University of Hong Kong . Federal Circuit Appeal No. 2015-2011. Decided June 27, 2017. In an appeal from the Patent Trial and Appeal Board (PTAB), the Federal Circuit…
Written by Hyeongsu Rick Park and Kerry S. Taylor, Ph.D. The Patent Trial and Appeal Board (PTAB) terminated a patent interference proceeding between the University of California (UC) and the Broad Institute (Broad), a joint venture of Harvard University…
Written by Daniel K. Yarbrough, Ph.D. and Jing Liu, Ph.D. Once considered parasites, free riders, or “opportunistic pathogens,” in recent years the roughly 100 trillion symbiotic bacteria that inhabit the various tissues of the human body have…
Written by Robert J. Hilton, Ph.D. and Jing Liu, Ph.D. On January 13, 2017, the Supreme Court granted certiorari in Amgen v. Sandoz, 794. f. 3d 1347 (Fed. Cir. 2015) and Sandoz v. Amgen, 773 f. 3d 1274 (Fed. Cir. 2014), appealed from the Federal Circuit.…
Written by Paul Chang, Ph.D. and Brenden Gingrich, Ph.D. Anticipation by inherent disclosure requires that a single prior art reference necessarily includes the unstated limitation. The unpredictable nature of biological processes means that winning…
