Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged prosecution laches
Could prosecution laches threaten Big Pharma patent evergreening?

While Alice arguably wreaked havoc for the past decade on patent plaintiffs, its reach into patents asserted by brand pharma companies was much more limited.  A patent appeal between Sonos and Google currently pending before the Federal Circuit is likely to test the bounds of the doctrine of prosecution laches.  Sonos claims it was robbed of a $32 million jury verdict after the district court found Sonos waited too long to pursue the claims asserted at trial.  Amicus briefs have poured in highlighting a veritable policy debate over prosecution laches.  Could the doctrine of prosecution laches eventually stifle patent evergreening for pharma patents in a way that Alice never could?

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Can Daiichi Sankyo eviscerate Seagen’s patent verdict with prosecution laches?

Seagen’s patent lawsuit against Daiichi Sankyo is nearing resolution at the district court. In April of this year, Seagen convinced a Texas jury that Daiichi Sankyo’s breast cancer drug, Enhertu®, is infrining Seagen’s U.S. Patent No. 10,808,039. Daiichi Sankyo also failed to convince the jury that the ‘039 patent was invalid. As a result, the federal court in the Eastern District of Texas is scheduled to conduct a bench trial on what appears to be Daiichi Sankyo’s last defense before the Court enters judgment. On June 28, the court will conduct a bench trial (no jury) on the issue of prosecution laches. The trial is scheduled to commence at 1:00 pm and will last only three hours. Can Daiichi Sankyo avoid paying Seagen royalties?

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