A Stipulation and Scheduling Order for Trial (Order) entered on May 19, 2017 in the Amgen v. Sandoz litigation rescheduled trial for March 26, 2018 (from December 18, 2017), and pushed back other pre-trial deadlines. According to the Order, the parties had previously proposed separate modified schedules, but at a…
Today, the Supreme Court ruled in TC Heartland LLC v. Kraft Foods Group Brands LLC that for venue purposes in patent litigations, a domestic corporation “resides” only in its state of incorporation. This ruling reflects a significant departure from current patent litigation practice, which treated a domestic corporation as residing…
On May 17, 2017, Janssen filed a complaint under the BPCIA in the District of New Jersey against Samsung Bioepis Co., Ltd. regarding Renflexis® (infliximab-abda), Samsung Bioepis’s recently approved biosimilar of Remicade®. The complaint alleges infringement of three patents: U.S. Patent No. 7,598,083, 6,900,056 and 6,773,600. According to the complaint, the…
The Association for Accessible Medicines (AAM) and the Biosimilars Council, a division of AAM, released comments today on FDA’s Draft Guidance on Considerations in Demonstrating Interchangeability With a Reference Product (“Draft Guidance”), which was made publicly available in January 2017. AAM, previously known as the Generic Pharmaceutical Association, represents “the manufacturers…
GE Healthcare announced today that Dr. Reddy’s will install GE Healthcare’s FlexFactory in Dr. Reddy’s facility in Hyderabad, India. According to the press release, “FlexFactory will help Dr. Reddy’s increase its capacity to meet both the expected growth of its currently marketed biosimilars as well as support the launch of…
On May 11, 2017, Scott Gottlieb was sworn in as the 23rd Commissioner of the U.S. Food & Drug Administration. Before his confirmation, Gottlieb was vocal about his disapproval of the FDA’s “well-established” attitude: an excessive desire for certainty, which he says “is impeding the availability of safe, effective drugs…
The PTAB has issued a Final Written Decision in IPR2016-00172, filed by Coherus, finding Abbvie’s U.S. Patent 8,889,135 unpatentable as obvious over the prior art. The ‘135 patent is directed to methods of treating rheumatoid arthritis with a human anti-tumor necrosis factor α (TNF) antibody. Patent Owner tried to defend the…
Researchers in Denmark recently published a report from an observational study of 802 Danish patients who switched from Remicade to the biosimilar infliximab product Remsima for the treatment of rheumatoid arthritis, psoriatic arthritis, and axial spondyloarthritis. In May 2015, Denmark implemented a national guideline mandating non-medical switching of all patients…
Last week, Hospira filed a motion for summary judgment of non-infringement asserting that “all of Hospira’s accused erythropoietin drug substance batches are protected by the safe harbor provisions of 35 U.S.C. § 271(e)(1) and thus do not infringe U.S. Patent Nos. 5,756,349 and 5,856,298.” Hospira further stated that it does not infringe…
Otsuka announced today that it has agreed to pay Teva $50 million and later milestone payments for the exclusive rights to develop and commercialize Fremanezumab in Japan. Fremanezumab, which targets the calcitonin gene-related peptide, is a monthly subcutaneous injection that Teva has been developing globally for the treatment of migrane,…