Fed. Circ. Affirms PTAB Ax Of 2 Cancer Drug Patents

Law360 (March 26, 2020, 7:16 PM EDT) -- The Federal Circuit on Thursday affirmed Patent Trial and Appeal Board decisions invalidating claims in two Genentech patents covering its blockbuster cancer drug Herceptin, rejecting the biotechnology company’s argument that the board relied on an erroneous claim construction.

Genentech had argued in its brief that the board relied on “a single inartful statement” it made during the patent’s prosecution to misconstrue a key term in the patents in the consolidated cases, but the panel said in the nonprecedential opinion that the board’s construction was consistent with the claims, the patents’ written descriptions and their prosecution histories.

As a result, the panel...

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