On July 23, 2015, Janssen Biotech, Inc. and New York University filed a brief appealing the rejection of all claims of U.S. Patent No. 6,284,471, a patent covering Remicade (infliximab), to the USPTO’s Patent Trial and Appeal Board. The ’471 patent was put into ex parte reexamination in 2013, and…
Goodwin Procter announced today the publication of Pharmaceuticals at the Patent Trial and Appeal Board, a guide that addresses proactive measures for pharmaceutical companies involved in litigation before the PTAB. The guide explores key statistics and case studies that reveal how the PTAB is handling pharmaceutical matters and lays out…
On July 21, 2015, the Federal Circuit issued a split decision in the Amgen v. Sandoz appeal. As we anticipated in our analysis of the oral argument, Sandoz won with its interpretation of the first issue: an applicant can choose between disclosing its (k) application and manufacturing information, or not disclosing such…
IPR2015-01624 (Sanofi-aventis and Regeneron) (U S Patent No 6,331,415) Petitioners: Sanofi-aventis U.S. LLC and Regeneron Pharmaceuticals, Inc. Patent: U.S. Patent No. 6,331,415 Patent Title: Methods of Producing Immunoglobulins, Vectors and Transformed Host Cells for Use Therein
IPR2015-01537 (Momenta) (U S Patent No 8,476,239) Petitioner: Momenta Pharmaceuticals, Inc. Patent: U.S. Patent No. 8,476,239 Patent Title: Stable Protein Formulations
The Federal Circuit’s split decision in Amgen v. Sandoz answered some pressing questions about the interpretation of the BPCIA – but will the panel’s decision be the last word on the subject, at least for the time being? Here’s a quick look at what will happen next on appeal. September…
As we covered in a previous post, confidential negotiations regarding the Trans-Pacific Partnership Agreement (TPP) are ramping up: the Senate passed fast-track legislation in June, which limits Congress to a yes-or-no vote on the eventual trade agreement with no amendments, and a meeting of the TPP Trade Ministers is scheduled…
The Federal Circuit issued a split decision on the appeal in Amgen v. Sandoz today, July 21, 2015. As we’ve covered in previous posts (here, here, and here), the questions at issue in Amgen v. Sandoz were: Whether a subsection (k) (biosimilar) applicant “may elect not to disclose its [abbreviated biologic…
BREAKING NEWS – Split decision in Amgen v. Sandoz – the dance is “optional” but notice of commercial marketing can only be given after approval. Decision here. Our summary of oral argument here. Detailed discussion of today’s decision to follow later today.
As we’ve covered in previous posts and in the IPR section of this blog, several IPR petitions have been filed against patents relating to the biologic products Humira (adalimumab) and Rituxan (rituximab). The PTAB has now issued decisions on whether it will institute IPR on the three Rituxan (rituximab) IPR…