Biosimilar IPR Appeal Updates

Following the Celltrion and Pfizer settlements of the trastuzumab litigation, the Federal Circuit granted the request of the Director of the PTO to intervene under 35 U.S.C. § 143 (i.e., defend a PTAB decision when a petitioner withdraws on appeal) in the Genentech appeals of final written decisions of unpatentability in Case Nos. 19-1263, 19-1267, and 19-1270. Genentech’s opening brief is due by May 17, 2019.

In the appeals of the final written decisions of unpatentability for the AbbVie adalimumab ‘135, ‘680, and ‘987 patents in Case Nos. 17-2304, 17-2305, and 17-2306, the Federal Circuit has given the Director of the PTO until March 4th to inform the court as to whether it will intervene in view of Coherus’s withdrawal due to its settlement with AbbVie.