Fed. Circ. Backs Sanofi Cancer Drug IP Win, Delaying Generic

Law360 (August 16, 2019, 8:25 PM EDT) -- A Delaware federal court rightly upheld two patents covering Genzyme’s cancer medication Mozobil and stopped Zydus from moving forward with a generic version, the Federal Circuit said Friday.

Without expanding on its reasoning, the three-judge panel affirmed the lower court's 2018 decision penned by Third Circuit Judge Kent A. Jordan, who sat by designation in Delaware. The patents don't expire until 2023, keeping Zydus Pharmaceuticals (USA)’s generic version at bay for now.

The litigation dates back to June 2016, when Genzyme Corp. and its parent company, Sanofi-Aventis, sued Zydus for infringement of the two patents. Zydus had applied for U.S. Food...

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