As we reported yesterday, Mylan announced that it has reached a settlement with Genentech, Inc. and F. Hoffman-La Roche Ltd. relating to trastuzumab, which extended to Mylan agreeing to withdraw its IPR challenge to U.S. Pat. No. 6,331,415 (the ‘415 patent).
Mylan and Genentech have now filed a joint motion to terminate the ‘415 patent IPR (IPR2016-00710, instituted on September 8, 2016). As we discussed previously, the ‘415 patent is one of the “Cabilly Patents,” which relate to the production of biologics.
Merck Sharpe and Dohme’s IPR2017-00047 on the ‘415 patent has been instituted and joined with IPR2016-00710. The joint motion to terminate does not affect Merck Sharpe and Dohme.