Senator Warran recently asked what the Patent Office can do about patent thickets. Yet, the courts are in the unique position of having to contend with scores of patents asserted within a single suit. When a brand pharmaceutical company shows up with 20, 60 or 100 patents in a single suit, those challenges can be exacerbated by orders of magnitude. So, how have courts face this challenge? Regeneron’s pending patent suit against Mylan over its prospective biosimilar for Eyelea® is an interesting example.
Read MoreNovartis has filed a patent lawsuit against Regeneron seeking damages for sales of Eylea® and Zaltrap®. On March 19, 2018, Novartis sued Regeneron in the Southern District of New York, White Plains Division, for infringing U.S. Patent No. 5,688,688. The ‘688 patent claims gene expression constructs for the expression of polypeptides in mammalian cells. How strong is Novartis’ case, and what is Regeneron’s exposure?
Read More