Federal Circuit: Amended Claims in IPR Should be Subject to Full Examination (Including 101)
A divided Federal Circuit has authorized the PTAB to consider patent-eligibility challenges during inter partes review (IPR) proceedings in the context of a patentee’s motion to amend the claims. Uniloc had moved to amend with substitute claims and Hulu opposed. The PTAB then denied the motion to amend — concluding that the proposed claims were not subject matter eligible under Section 101. The PTAB’s subsequent rehearing denial was designated as precedential — holding that any ground of unpatentability can be considered in the context of a motion to amend..
Moderna loses challenge over vaccine tech patent to Arbutus, may have to share in royalties
Shares of Moderna Inc fell nearly 10% after it lost a bid to invalidate a U.S. patent owned by Arbutus Biopharma that poses a potential obstacle to Moderna’s efforts to develop next-generation vaccines, including a coronavirus vaccine. An administrative court run by the U.S. Patent and Trademark Office rejected arguments by Moderna that an Arbutus patent known as the ‘069 patent should be revoked because it described obvious concepts. The ‘069 patent relates to lipid nanoparticle (LNP) technology that allows the human body to make its own therapeutic proteins..
Cipla, Amgen reach settlement on pending litigation involving cinacalcet HCl tablets
Cipla Ltd announced that its wholly owned step-down subsidiary Cipla USA Inc, and Amgen Inc reach a settlement on pending litigation in the US District Court for the District of Delaware in January 2019 involving generic cinacalcet hydrochloride tablets. A formal stipulation of dismissal has been filed with the Court and is awaiting signature by the presiding Judge. The resolution entitles Cipla and its affiliates to continue importing, marketing, and selling its generic cinacalcet hydrochloride tablets 30mg, 60mg and 90mg in the United States…
The UK Supreme Court on pemetrexed: judicial colonialism or a step towards harmonization?
On 9 June 2020 Barcelona Commercial Court no. 4 issued a decision rejecting the opposition filed by a company (the “Defendant”) against a decision of 2 September 2019 from the same Court that had ordered an “ex parte” preliminary injunction preventing the Defendant from marketing pemetrexed diarginine in Spain. The background of the case can be summarized as follows: In 2016 the Defendant obtained a marketing authorization (“MA”) to commercialize pemetrexed disodium generics in Spain. The patent owner (Eli Lilly & Company) sent a warning letter to the Defendant, and the latter undertook not to launch the product for which it had just obtained an MA without giving the patentee 30 days’ prior notice…
Time for the third round
Truvada® (Gilead) is an anti-HIV drug comprised of the combination of tenofovir disoproxyl fumarate (TDF) and emtricitabine (FTC) approved for Pre-exposure Prophylaxy (PreP) of HIV infection, since it has been shown to allow for a reduction of 86% of the risk of being infected by HIV. Truvada® was covered until 25 July 2017 by European patent EP 0915894. The effects of the patent have been extended by supplementary protection certificates (SPCs) expiring between 21 and 24 February 2020 depending on the countries. The SPCs are based on European Union marketing authorization EU/1/04/305/001…