Over the past two years, hedge fund manager Kyle Bass has continued his efforts to invalidate biopharma patents through inter partes review (“IPR”). Over the past month, he received eleven final written decisions from the PTAB. The Board invalidated the claims of two Anacor patents, covering Kerydin®, and upheld the validity of Horizon’s patent covering Vimovo®, the University of Pennsylvania’s patents covering Juxtapid®, Acorda Therapeutics’ patents covering Amprya®, and Biogen’s patent covering Tecfidera®.
Two patents related to methods of treating rheumatoid arthritis (RA) patients with rituximab have been brought before the PTAB for a third time – with mixed results.
The challenged patents are U.S. Patent Nos. 7,976,838 and 7,820,161. The ’838 patent, owned by Genentech, Inc., relates specifically to methods of treating RA patients who demonstrate an inadequate response to a TNFa-inhibitor. The ’161 patent, co-owned by Genentech and Biogen, Inc., is directed to methods of treating RA patients with both rituximab and methotrexate. Rituximab is a chimeric murine / human monoclonal antibody which, in addition to treating RA, was also the first FDA-approved monoclonal antibody cancer treatment, targeting cancers of the white blood system. Currently marketed as Rituxan®, it brought in over $7 billion in global sales in 2015.
John Dragseth Quoted in Law360 Article, “Fed. Circ. Issuing More ‘Hidden Decisions’ Amid Case Influx”March 7, 2017
John Dragseth (Principal) was recently quoted in Law360 article, “Fed. Circ. Issuing More ‘Hidden Decisions’ Amid Case Influx” on March 1, 2017.
John Dragseth (Principal) was recently quoted in Law360 article, “Fed. Circ. Taking Harder Look At PTAB Appeals” on March 1, 2017.