Kymab Wins Supreme Court Case Against Regeneron
Cambridge,
UK; 24 June, 2020: Kymab, a clinical-stage biopharmaceutical company developing
fully human monoclonal antibody therapeutics, is pleased to announce that the
Supreme Court of the United Kingdom has held that all of the claims of two
patents (European Patents EP(UK) 1 360 287 and EP(UK) 2 264 163, the ‘Murphy
patents’) owned by Regeneron Pharmaceuticals Inc that were asserted against
Kymab are invalid. The Court’s decision upholds the February 2016 decision of
the High Court trial judge, Mr. Justice Henry Carr to revoke the claims and
reverses the Appeal Court’s determination that they were valid. It was held
that the relevant claims of the Murphy patents were invalid for insufficiency
because they did not enable the ordinary skilled person to work the claimed
invention across the breadth of the claims, in line with established
jurisprudence of the UK courts and European Patent Office…
Mylan, seeking to market Victoza generic, convinces panel to start up
patent review
Mylan,
coming off a big patent win against Biogen, aims to launch a copycat version of
Novo Nordisk's diabetes drug Victoza. Now, a U.S. patent office panel says
there's a "reasonable likelihood" that Mylan could successfully nix a
Victoza patent that covers the blockbuster med through early 2026. The U.S.
Patent Trial and Appeal Board instituted an inter partes review on patent No.
8,114,833, which covers Victoza's formulation and methods for producing it
effectively. Mylan claims the patent is invalid because it covers an obvious
invention. After hearing initial arguments over the patent, the board found a
“reasonable likelihood” Mylan would win the case. The review process is set to
play out through late 2020 and early 2021, according to a scheduling order...
IPAB stays revocation of Pharmacyclics’ patent on anti-cancer drug
Ibrutinib
The
Intellectual Property Appellate Board (IPAB) has granted an interim stay on an order
issued by the Indian Patent Office removing a patent of Pharmacyclics for
anti-cancer drug Ibrutinib. Ibrutinib sold by Pharmacyclics Inc, a Silicon
Valley-based biopharmaceutical company and part of AbbVie under the brand name
‘Imbruvica’ is used to treat adults with mantle cell lymphoma (MCL), chronic
lymphocytic leukaemia (CLL)/small lymphocytic lymphoma (SLL), Waldenström’s
macroglobulinemia (WM), marginal zone lymphoma (MZL), and chronic graft versus
host disease (cGVHD). NR Meena, Joint Controller of Patents and Designs, in an
order issued on March 4, 2020 revoked the patent based on a post-grant opposition
filed by Laurus Labs. The patent office observed the claims made by
Pharmacyclics are obvious to an ordinary person skilled in the art and that the
drug lacks any inventive step that would make it superior to other existing
formulations…
Neurim v. Mylan: UK Court of Appeal denies interim injunction in face of
a launch-at-risk, but are damages really adequate?
As this Kat
was strolling home Wednesday afternoon, he received a call from his old pal
Joost Duijm. On the ball as always, Joost told me that the appeal in Neurim
Pharmaceuticals v. Mylan had been handed down [first instance decision here,
appeal decision here]. The Court of Appeal has upheld the decision by Marcus
Smith J. to deny an interim injunction against a generic company that launched
at risk. Big news indeed. The UK patent courts are known across Europe, among
many other things, for having developed a clear-the-way doctrine: if a generic
entrant does not institute invalidity proceedings against the patent well in
advance of a product launch, that is a strong argument in favour of granting an
interim injunction awaiting trial and the status quo is maintained…
Bayer inks largest settlement in pharma history with $10B Roundup deal
Bayer
volunteered for quite a headache with its 2018 pickup of Monsanto and
weedkiller Roundup, what with lawsuits piling up and investors chomping at the
bit. Now, it's looking to relieve the pain of that multibillion-dollar legal
overhang with an enormous deal to escape the Roundup litigation. Bayer will
dole out between $10.1 billion and $10.9 billion—the single largest settlement
in pharma history—to put an end to thousands of lawsuits tied to its
acquisition of Monsanto and glyphosate-based Roundup. As part of its agreement,
Bayer will pay between $8.8 billion and $9.1 billion to settle roughly 125,000
Roundup lawsuits combined in a California multi-district litigation and
multiple state bellwether trials, Bayer said. The deal will settle roughly 75%
of all Roundup suits and includes an allowance to pay out claims that have not
been resolved…
Full Fed. Circ. Skips Biogen Fight Over MS Drug Patent
Biogen lost
another bid on Wednesday to ward off competition for its blockbuster multiple
sclerosis drug Tecfidera, as the full Federal Circuit said it wouldn't
reconsider a panel decision that Banner Life Sciences wasn't infringing a
patent covering the drug…
Valeant Tells Full Fed. Circ. Relistor Patent Ruling Is 'Alarming'
Valeant
Pharmaceuticals has asked the full Federal Circuit to rehear a panel decision
that vacated its win against Mylan Pharmaceuticals in a fight over a patent
covering the opioid-induced constipation drug Relistor, saying it can't stand
because it "upsets settled law of obviousness…"
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