PTAB Upholds ImmunoGen's Breast Cancer Drug Patent

By Erin Coe (October 28, 2015, 6:18 PM EDT) -- The Patent Trial and Appeal Board on Tuesday ruled that Phigenix Inc. fell short of proving that claims of ImmunoGen Inc.'s patent covering the breast cancer treatment Kadcyla were unpatentable.

In a final written decision, the panel determined that Phigenix had not shown by a preponderance of the evidence that claims 1-8 of U.S. Patent Number 8,337,856 B2 would have been obvious over several prior art references. ImmunoGen's patent covers Kadcyla, which is marketed by Genentech Inc. for treating so-called HER2-positive metastatic breast cancer.

"Our team was very pleased that the PTAB upheld this patent covering Kadcyla, which is an innovative...

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!