Pharma Co. Slams Patent Challenge Standing In Fed. Circ.

Law360, Washington (December 5, 2017, 9:53 PM EST) -- Pharmaceuticals company Bristol-Myers Squibb Co. asked the Federal Circuit Tuesday to reject for lack of standing a competitor’s appeal of a U.S. Patent Trial and Appeal Board decision upholding its patent for a biologics product, saying the company cannot show injury because it has not yet developed a product that infringes the patent.

Momenta Pharmaceuticals Inc. has no standing to appeal the PTAB’s decision upholding Bristol-Myers’ patent for stable liquid formulations of the protein CTLA4Ig, because the company is years away from developing a marketable competing...
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