Immunogen’s US Patent 8,337,856, which claims antibody-toxin immunogates for the treatment of cancer, survives an IPR challenge in a final written decision by the PTAB. In an unpredictable art, the Board finds that general statements in the prior art giving hints of future research were insufficient to provide a reasonable expectation of success.
ATELVIA® Patents Obvious at District Court
The court therefore found clear and convincing evidence that a person of ordinary skill at the time of the invention (in 2005) would have been motivated to use EDTA in the claimed amounts with a reasonable expectation of success.
Entecavir Obvious?
In this Hatch-Waxman case, Bristol-Myers Squibb, owner of the drug entecavir (sold as Baraclude®, indicated for hepatitis B (HBV) infection), sued Teva Pharmaceuticals for patent infringement. Teva responded that the patent (the only patent at issue was US5206244, priority date 10/18/1990), which claims the chemical structure of entecavir, was obvious. The district court found in […]
Megestrol Nanoparticle Formulation Claims – Not Inherently Obvious (at least not yet)
in an obviousness analysis, an inherency argument has a heightened standard that must be the natural result flowing from the operation as disclosed in prior art references.
PTAB Obviousness Finding Reversed in Institut Pasteur GIIE Endonuclease Patents
Contact the author: Andrew Berks Inst. Pasteur v. Focarino, No. 2012-1485 (Fed. Cir. 12/30/2013) Three patents were at issue, US6610545, US6833252, and US7309605, all based on an application originally filed 5/6/1992 and expired on 5/6/2012. The patents disclose group I intron encoded (GIIE) endonucleases. GIIE endonucleases are valuable research tools that are highly specific in selecting […]
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