Fed. Circ. Backs Sanofi In Prostate Cancer Drug Patent Fight

Law360 (August 14, 2019, 6:37 PM EDT) -- The Federal Circuit on Wednesday ruled that a district judge lacked authority to invalidate claims of a patent on Sanofi's prostate cancer drug Jevtana that the company had disclaimed, and that a host of generics makers failed to prove a second patent on the drug is invalid.

The appeals court agreed with Sanofi that because it disclaimed certain claims of one of its patents, which expires in 2030, Judge Michael Shipp of the District of New Jersey was wrong to find those claims invalid. The decision to give up those claims "mooted any controversy" between Sanofi and generics makers including Mylan...

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