Updating, Patent Wars just Beginning
US Court overturned Cephalon’s (CEPH) 2 patents on Fentora as Watson Pharmaceuticals (NYSE: WPI) challenges the patents.
- The ruling could allow competitors to start selling cheaper generic versions of the drug;
- The US District Court for the District of Delaware ruled in favor of WPI which is challenging 3 of the patents. CEPH will review the court’s ruling and may file an appeal. WPI cannot launch its generic version of Fentora until the court makes a ruling on the 3rd patent;
- WPI said the court found that 2 of the patents were not valid. The court has not ruled on the 3rd patent.
The Bottom Line: Maybe I am mixing apples and oranges but … wait until the brawl begins within the stem cell/regenerative medicine universe. The Senate has overwhelmingly approved a new patent law that offers something for everybody in the business of life sciences? Biotech and pharma giants will likely benefit more, however, than stem cell companies looking to bring their first discoveries to market. S. 23, originally the Patent Reform Act but now renamed the America Invents Act, passed the Senate by a vote of 95-5. It has the laudable aim of eliminating the backlog of unexamined patents, which totaled 718,857 as of January. The wait for a first action stood at 24.2 months, while 34.5 months is the amount of time usually required for a decision. The America Invents Act is intended to align U.S. patent law more closely with the EU and Asian nations. But, sounds like a solution in search of a problem. According to the World Intellectual Property Organization, the US still leads in number of patents filed with about 45,000, which is 28% of the total 162,900 filed in 2010. Supporters of America Invents counter that the measure will benefit start-ups by forcing them to file earlier in their development of IP. Yet if first-to-file were indeed beneficial to start-ups, why would the bill even include a “small business study requirement”?
