Weekly Patent Roundup

Weekly Patent Roundup

UK court overturns Genentech patent, cites Brexit in CJEU referral [Taltz (ixekizumab)]
The patents division of the English High Court has found that a patent owned by Genentech is invalid and denied the biotechnology company’s application for a supplementary protection certificate (SPC)…..

Last Remaining Defendant Settles FTC Suit that Led to Landmark Supreme Court Ruling on Drug Company “Reverse Payments” [AndroGel (Testosterone)]
The Federal Trade Commission has reached a settlement in FTC v. Actavis, the 2009 FTC case alleging that the brand-name drug company Solvay and three generic drug companies illegally agreed to restrict generic competition to Solvay’s branded testosterone-replacement drug AndroGel for nine years…..

Judge orders Boehringer to disclose Humira biosimilar plans
A US judge has ordered Boehringer Ingelheim to release its rollout plans for a biosimilar version of Humira (adalimumab), following a request from AbbVie. On Friday, February 22, Judge Richard Lloret granted AbbVie’s request to compel the release of more information about Boehringer’s launch plans for the arthritis medication….

Hikma Case Set for Supreme Court Consideration [Fanapt (iloperidone)]
Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. (Supreme Court 2019). Briefing is now complete in this important eligibility case pending before the Supreme Court. Hikma’s petition presents the following question.
Whether patents that claim a method of medically treating a patient automatically satisfy Section 101 of the Patent Act, even if they apply a natural law using only routine and conventional steps…..

No Sovereign Immunity for Patent-Asserting State University
UF’s asserted patent is titled “Managing Critical Care Physiologic Data Using Data Synthesis Technology.” U.S. Patent No. 7,062,251.  From the patent title, keen Patently-O readers will recognize a potential eligibility problem.  N.D.Fla. District Court Judge Mark Walker dismissed the case on a R.12(b)(6) motion without taking any evidence — finding the asserted claims ineligible as a matter of law. On appeal, the Federal Circuit has affirmed…..

Amgen prevails in PCSK9 patent dispute with Regeneron and Sanofi
A Delaware jury has confirmed the validity of two Amgen  patents covering high cholesterol med Repatha (evolocumab), specifically, the antibodies that bind to a specific region on PCSK9 and reduce LDL-C (“bad” cholesterol) levels in the body. The verdict follows a March 2016 trial where competitors Regeneron Pharmaceuticals and Sanof  admitted that their PCSK9 inhibitor Praluent (alirocumab) infringed on Amgen’s patents (unheld by a prior jury)……

Boehringer Must Show How IP ‘Thicket’ Blocked Humira Rival
Law360 (February 25, 2019, 5:39 PM EST) — Boehringer Ingelheim must hand over its launch plans for a biosimilar version of AbbVie Inc.’s hugely popular immunosuppressant Humira, a Delaware magistrate judge has ruled in a patent infringement case, finding…
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