Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged double patenting
How will the CAFC’s Cellect case affect Acadia Pharma’s fight to keep out generic Nuplazid?

Acadia Pharmaceutical has been litigating to keep out generics for its Parkinson’s Disease drug Nuplazid®.  Although Acadia initially sued five separate generics for infringement of multiple patents, all the generics settled-out except one, MSN Pharmaceuticals.  And in the case against MSN, only a single patent remains at issue (U.S. Patent No. 7,601,740).  MSN recently moved for summary judgment on the ground that the ‘740 patent is invalid for obviousness-type double patenting (ODP).  A recent precedential Federal Circuit decision, In Re: Cellect, LLC, addressed the ODP doctrine in detail.  How will Cellect affect Acadia’s defense against the last generic holdout for Nuplazid®?

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Does Sandoz have a double-patenting defense to Amgen’s Enbrel® patents?

In February 2016, Amgen brought suit against Sandoz in connection with its proposed biosimilar for Amgen’s Enbrel® blockbuster.  The case is on a relatively fast track, currently scheduled to go to trial later this year in April.  Some investors have inquired about whether Sandoz has a strong obviousness-type double-patenting invalidity defense for the ‘182 patent.

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