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the patent’s prosecution to misconstrue a key term in the patents in the consolidated cases, but the panel said in the nonprecedential opinion that the board’s construction was consistent with the claims, the patents’ written descriptions and their prosecution histories.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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!