Category Archives: Patently BIOtech

“II Ca-Be-lly, or Not II Ca-Be-lly?”: Is The Famous Cabilly II Antibody Patent Near Extinction?

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Guest post by Konstantin Linnik, Ph.D., Isaac Hubner, Ph.D, and Lana Gladstein, who are attorneys in the Boston office of Nutter McClennen & Fish LLP. On February 5, 2016, the Patent Trial and Appeal Board (“PTAB”) issued a decision to institute an Inter Partes Review (“IPR”) of Genentech’s “Cabilly II” patent (U.S. Patent No. 6,331,415). This triggered the one-month deadline for third parties to request joinder under 37 CFR § 42.122(b).  Whether you are a licensee, or otherwise Read More >

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Patently Biotech’s Top Articles of 2015

Intellectual property and patent reform have dominated headlines in 2015. As we close out the year, let’s take a look at some of this year’s most memorable Patently BIOtech coverage. Here are Patently Biotech’s top blog posts of 2015: This Independence Day, Let’s Thank the Inventors IP Sessions at BIO 2015: The Impact of the Inter Partes Review on (BIO)Pharma FDA Acts on Biosimilars Seventy Nine House Members Express Concern with H.R. 9 Make sure Read More >

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Patent Reform in the News

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The New York Post and The Washington Post have both run Op-eds in the last week addressing the need to reform the PTO’s inter partes review (IPR) process within current patent reform legislative efforts. Both opinions point to the weakness within the IPR process exposed by short selling practices of predatory hedge fund managers. Click on the links below to read more: From the New York Post: Hedge-fund investors are coming to raid your medicine cabinet. By Peter Read More >

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BIO on CNBC: IPR System Weakens Medical Innovation

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Last night Ron Cohen, M.D., CEO of Acorda Therapeutics and BIO’s board chair, appeared on CNBC’s Fast Money where he discussed our industries concerns’ with the U.S. Patent and Trademark Office’s patent challenge system known as Inter Partes Review (IPR). Dr. Cohen concisely explained this complicated and rapidly evolving issue and made clear why Congress must quickly address abuses to the IPR system within current Patent reform legislation. Regrettably, this system that was designed by Read More >

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Here are the Facts about the IPR Kill Rate

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FiercePhrma recently ran an article repeating a dubious analysis of the crisis caused by the rapidly increasing number of biopharma related inter partes reviews (IPR) currently within the United States Patent and Trademark Office (PTO). It is troubling that in a single breath Ronny Gal both dismissed the biopharmaceutical industry’s concerns with the PTO’s IPR process and acknowledged that limited data prevents any firm conclusions about the potential impact of IPR on biotech innovation. If Read More >

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