Cases Update: International Roundup of Recently Filed Cases and Noteworthy Rulings
November 2014
in “
Pharmaceutical Patent Analyst
”
TLDR Recent legal rulings favored Genentech, Teva, and upheld guidelines for patent term extensions.
The document provided an international roundup of recent legal cases and rulings in the pharmaceutical patent sector. Key cases included Genentech vs. the Japan Patent Office, where the Intellectual Property High Court of Japan ruled in favor of Genentech regarding patent term extensions for bevacizumab, differing from the Japan Patent Office's initial rejection. In Kabushiki Kaisha AYC vs. Glovia, the Tokyo District Court ruled that food composition-type claims differ from pharmaceutical composition-type inventions. The IPHC-J upheld current guidelines for patent term extensions in Teijin K.K. vs. the Japan Patent Office. In the U.S., the Court of Appeals for the Federal Circuit (CAFC) ruled on several cases, including AbbVie vs. Janssen Biotech, where the court upheld a jury's finding of invalidity due to insufficient written description, and Allergan vs. Apotex, where the CAFC reversed a district court's nonobviousness finding for a hair loss treatment. The CAFC also ruled in favor of Teva Pharmaceuticals in a patent dispute with Bristol-Myers Squibb, finding the patent for entecavir obvious. Lastly, the Court of Justice of the European Union ruled that safeners could be subject to Supplementary Protection Certificates.