Mylan and Genentech Reach Settlement on Cabilly Patent IPR


As we reported yesterday, Mylan announced that it has reached a settlement with Genentech, Inc. and F. Hoffman-La Roche Ltd. relating to trastuzumab, which extended to Mylan agreeing to withdraw its IPR challenge to U.S. Pat. No.  6,331,415 (the ‘415 patent).

Mylan and Genentech have now filed a joint motion to terminate the ‘415 patent IPR (IPR2016-00710, instituted on September 8, 2016).  As we discussed previously, the ‘415 patent is one of the “Cabilly Patents,” which relate to the production of biologics.

Merck Sharpe and Dohme’s IPR2017-00047 on the ‘415 patent has been instituted and joined with IPR2016-00710.  The joint motion to terminate does not affect Merck Sharpe and Dohme.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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