Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged malate
Can Exelixis keep out generics until 2030 even if it loses on the ‘776 patent?

I previously blogged about the Exelixis patent dispute. The Cabometyx patent trial occurred last week (May 16). A recent note on Seeking Alpha indicates that comments from the court during the trial suggests that Exelixis may lose on the ‘776 patent, but win on the ‘473 patent. (I was one of two patent experts on the Truist call referenced in the note.) If that happens, will Exelixis still be able to secure freedom from generics through 2030 based upon the ‘439, ‘440 and ‘015 patents asserted in its second lawsuit?

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Will Exelixis’ patents hold back generic competition for Cabometyx?

Exelixis ($EXEL) recently received a Paragraph IV certification against its drug, Cabometyx, which is indicated for kidney cancer and as a second-line treatment for liver cancer.  The certification was sent by MSN Pharmaceuticals.  A lawsuit is likely to be filed by Exelixis against MSN within 45 days of the Paragraph IV certification.  How well-positioned is Exelixis to fight this generic challenge? 

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