Markman Advisors
Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged anti-CD38
MorphoSys loses its Darzalex patent case against J&J—what happens next?

Morphosys’ ($MOR) patent trial against Janssen ($JNJ) and Genmab was headed for trial in February.  In advance of that trial, however, the parties traded numerous summary judgment motions.  On January 26, Genmab announced that the District Court granted its motion to invalidate the asserted patents.  What happens next?

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Markman AdvisorsMorphoSys, $MOR, Janssen, Johnson & Johnson, Genmab, $JNJ, Darzalex, daratumumab, Federal Circuit, patent, enablement, written description, indefiniteness, attorneys fees, invalidity, antibody, protein, CD38, anti-CD38, inequitable conduct Comment
Will MorphoSys win the Darzalex patent case against Janssen and Genmab?

In 2016, MorphoSys ($MOR) sued Janssen ($JNJ) and Genmab for patent infringement.  MorphoSys claims that Janssen’s anti-CD38 antibody, Darzalex®, infringes three of its patents.  The case is scheduled to go to trial in February 2019.  The stakes are big because the patents purport to cover the actual protein used in Darzalex®, which could mean material royalty rates on sales of Janssen’s drug.  What are the strengths and weaknesses of each party’s case?

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Markman AdvisorsMorphoSys, $MOR, Janssen, $JNJ, Genmab, Darzalex, CD38, anti-CD38, antibody, patent, patent infringement, multiple myeloma, daratumumab, Markman hearing, Zachary Silbersher, Silbersher, Merck, GileadComment