As we previously reported, Genentech filed a complaint against Amgen in the District of Delaware seeking declaratory judgment that Amgen has violated the patent dance provisions of the BPCIA in connection with its proposed biosimilar version of Genentech’s Avastin® product by failing to provide manufacturing information beyond its aBLA and…
As we covered in a previous post, in April the Supreme Court will hear arguments regarding the BPCIA’s notice of commercial marketing requirement and patent dance provisions. Last week, the Biosimilars Council filed an amicus brief in support of Sandoz’s position with respect to both issues. The brief is available here. The…
The PTAB has denied institution of IPR2016-01608, in which Bioeq IP AG sought review of Genentech’s U.S. Patent 6,716,602. That patent is directed to methods for increasing the yield of a heterologous recombinant protein produced by recombinant host cells. This decision and other important PTAB filings on biologic patents are posted…
Celltrion has filed a petition for inter partes review (IPR2017-00959) of Genentech’s U.S. Patent 8,591,897. According to the petition, the patent is directed to methods of treating a sub-type of breast cancer with a regimen that includes trastuzumab. Trastuzumab is marketed by Genentech under the trade-name Herceptin®. This petition and other…
As we reported last November, the NOR-SWITCH Phase IV study concluded that patients could be safely and effectively switched from originator infliximab (Remicade®) to Celltrion’s biosimilar product CT-P13 (Remsima®). On February 17, Celltrion Healthcare and Pfizer released primary outcome data at the 12th Congress of the European Crohn’s and Colitis…
Last week the Office of the Solicitor General (“SG”) filed an amicus brief on behalf of the United States in support of Sandoz’s position with respect to the BPCIA’s notice of commercial marketing requirement and patent dance provisions. You may recall that the SG also filed a brief in support of…
On Friday, the United States Supreme Court set oral arguments in Amgen v. Sandoz for April 26, 2017. Today, the United States Court of Appeals for the Federal Circuit announced that oral arguments in Amgen v. Hospira will be held on April 3, 2017. Stay tuned to Big Molecule Watch for further updates. For…
The Patent Trial and Appeal Board has granted Apotex’s petition for inter partes review of Amgen’s U.S. Patent 8,952,138, finding that Apotex has a reasonable likelihood in prevailing in its assertions that claims 1-24 are obvious over the prior art. According to the parties’ filings, the patent covers methods of folding…
Below is our midwinter update on the U.S. patent litigations concerning proposed or approved biosimilar products. For additional details, please consult our BPCIA Litigation Summary Chart or our previous quarterly updates (Summer 2016, Fall 2016).
As we previously reported, a jury trial in the ongoing infliximab biosimilar litigation, Janssen v. Celltrion (D. Mass., J. Wolf), was scheduled to begin on February 13, 2017. The district court, however, recently cancelled the originally scheduled trial date and is now scheduled to hold a hearing to address damages…