Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged Samsung
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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When did Mylan agree to launch its Herceptin biosimilar?

Mylan’s biosimilar for Herceptin® has FDA approval since December 2017.  Several months earlier, in March 2017, Mylan reached a global settlement with Roche and Genentech regarding their patents covering the drug.  The terms of the settlement have not been made public, which raises the question – when did Mylan agree to launch? 

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