Tagged as: IPR

Federal Circuit Solicits U.S. Attorney General’s Views on Constitutionality of Subjecting Pre-AIA Patents to Inter Partes Review

Genentech recently submitted two opening appellate briefs to the Federal Circuit in connection with its appeals from the Board’s final written decisions in Hospira’s IPRs, IPR2016-01771 and IPR2016-01837, which found that the challenged claims of U.S. Patent Nos. 7,622,115 and 7,807,799, respectively, were unpatentable in view of the prior art….

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Mylan Files Ten Additional IPR Petitions Challenging Sanofi's Lantus Patents

As we reported here, on June 9, 2017, Mylan filed two IPR petitions challenging Sanofi-Aventis’s U.S. Patent No. 7,476,652 (IPR2017-01528) and U.S. Patent No. 7,713,930 (IPR2017-01526), related to Sanofi’s Lantus® (insulin glargine injection).  Both petitions were instituted on December 13, 2017, as reported here. On September 10, 2018, Mylan filed ten additional…

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BMS and Momenta File Additional Letters Regarding Standing in Orencia IPR Appeal

As we reported here, Momenta is appealing a PTAB decision upholding the patentability of BMS’s U.S. Patent No. 8,476,239 (“the ’239 patent”), which relate to BMS’s Orencia® (abatacept) product.  Momenta has not yet filed an aBLA for its abatacept biosimilar candidate, M834, so one of the key issues on appeal is whether Momenta has Article III standing…

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Federal Circuit Rules No Tribal Immunity in IPRs

This morning, the Federal Circuit issued its much anticipated decision in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals.  A panel of the court, consisting of Judges Dyk, Moore, and Reyna, held that “tribal sovereign immunity cannot be asserted in IPRs.”  Relying on the Supreme Court’s decisions in Oil States and SAS Institute,…

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IPR Updates: Trastuzumab, Rituximab, Abatacept

Below are a few recent updates in IPR proceedings concerning biologic-related patents: Today, the Board denied Samsung Bioepis’ petition for IPR of Genentech’s U.S. Patent No. 7,846,441 (IPR2017-00192), directed to cancer treatment methods using trastuzumab.  In its decision, the Board explained that it was exercising its discretion to deny the petition in…

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New IPR Petitions Filed Against GSK Vaccine Process Patents

Yesterday, Merck Sharp & Dohme Corp. filed four IPR petitions (IPR2018-01229,  IPR2018-01236, IPR2018-01234, and IPR2018-01237) against GlaxoSmithKline process patents – US Patent Nos. 8,753,645 and 9,265,839. The ‘645 and ‘839 Patents are directed towards a process of conjugating bacterial saccharides to protein carriers in order to improve the immunogenicity of…

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