Federal
Circuit Won't Restore Merck's $2.5 Billion Patent Win Over Gilead
The Federal Circuit Court of Appeals has decided not to
restore Merck’s historic $2.5 billion patent win over Gilead in a hepatitis C
drug dispute. Merck and its subsidiary Idenix Pharmaceuticals sued Gilead in
2013 alleging that its hepatitis C treatments Sovaldi and Harvoni infringed on
a patent Idenix had for treating hepatitis C. The case went to trial in
December 2016 and a jury ruled in Merck’s favor, awarding the drugmaker $2.5
billion — the largest patent award ever. A federal judge threw out the verdict
in 2018 finding that the patent was invalid. The Federal Circuit Court of
Appeals has upheld the judge’s ruling, agreeing that the patent was invalid for
“lack of written description” of how the invention worked…
6 things
readers should know about Liconsa v. Boehringer Ingelheim
Our friends from the EPLAW Patent Blog recently published an
interesting blog commenting on the judgment of 29 March 2019 from the Court of
Appeal of Barcelona (Section 15) where, among other aspects, the requirements
for requesting the limitation of a European patent before the Spanish Patents
and Trademarks Office (“SPTO”) were discussed. As explained in such blog, the
Court came to the conclusion that the limited patent published by the SPTO was
not enforceable because the judicial authorization foreseen in article 105.4 of
the new Patents Act had not been obtained. For the readers’ benefit, it will be
helpful to remember that, according to that article 105 “4. If judicial
proceedings on the validity of the patent are pending and without prejudice to
the provisions of article 120, the request for limitation, addressed to the
Spanish Patent and Trademark Office, must be authorized by the Judge or Court
that handles the proceedings….
Gilead
vs. Dutch Patent Office (tenofovir / emtricitabine), District Court of The
Hague 30 October 2019
The plaintiff in this matter, Gilead Sciences Inc.
(“Gilead”), markets a medicinal product under the name Truvada. As many
European patent practitioners will know, this product consists of a combination
of the active ingredients tenofovir dispoproxil and emtricitabine. According to
its SmPC, Truvada is used in combination with other antiretroviral drugs for
the treatment of HIV. Gilead was the patentee of the – meanwhile expired –
patent EP 0 915 894 B1 titled ‘Nucleotide Analogs’ (“EP 894”). The compound
mentioned in claim 25 of this patent concerns tenofovir disoproxil. Gilead has
applied for a supplementary protection certificate (“SPC”) for this medicinal
product on the basis of the SPC Regulation with the Dutch Patent Office. Gilead
based its SPC application on the basic patent EP 894..
Roche's Chugai claims Alexion co-opted its patented tech in
building Ultomiris
Alexion has a lot riding on the launch for Ultomiris, its
long-acting follow-up to Soliris. But Roche's Chugai says the new med is built
on its own patented drug-delivery technology—and it's suing to stop the new
launch in its tracks. Chugai filed a lawsuit in Delaware federal court alleging
Alexion deliberately infringed its patent on the technology that cuts
Ultomiris' typical dosing to once every eight weeks from Soliris' biweekly
schedule. Both drugs are C5 inhibitors designed to treat certain rare diseases.
Chugai developed and patented technology that “extends the half-life of an
antibody in blood plasma, thereby improving the duration of time in which the
antibody binds and neutralizes target antigens," the lawsuit states…
Nuvo Pharmaceuticals™ Announces United States District Court
Denies Dr. Reddy's Laboratories Motion for Summary Judgment of Nuvo's '996 and
'920 VIMOVO Patents
MISSISSAUGA, ON,
Nov. 11, 2019 /CNW/ - Nuvo Pharmaceuticals Inc. (Nuvo or the Company) (TSX:NRI;
OTCQX:NRIFF), a Canadian focused healthcare company with global reach and a
diversified portfolio of commercial products, today announced that the United
States District Court for the District of New Jersey has denied a motion for
summary judgment filed by Dr. Reddy's Laboratories Inc. (DRL). As a result, the patent infringement
litigation against DRL, involving Nuvo Pharmaceuticals (Ireland) DAC's (Nuvo
Ireland) U.S. Patent Nos. 8,858,996 and 9,161,920 (the '996 and '920 patents),
will continue. The parties have mutually agreed on a pre-trial litigation
schedule with the court through to April 2021.
The term of the '996 and '920 patents extends to May 31, 2022.…
Allergan Agrees to Pay $750M to Settle Alzheimer’s Drug
Lawsuit
Allergan will pay $750 million to
settle lawsuits related to their Namenda Alzheimer’s drug. The settlement will
resolve a class-action lawsuit alleging that the Ireland-based company
attempted to prevent or delay the entry of generic competitors. The lawsuit
came after the New York attorney general won a settlement that made similar
claims. The trial was slated to begin at the end of October. The lawsuit
claimed that in 2014, Allergan tried to prevent access to lower-cost generics
of its Namenda product by requiring patients to switch to a longer-acting and
more expensive version of the drug: Namenda XR. The practice is known as
“product hopping” or “hard switch.”…
https://www.legalscoops.com/allergan-agrees-to-pay-750m-to-settle-alzheimers-drug-lawsuit/
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