News & Analysis as of

Cancer Patents

A&O Shearman

Federal Circuit Upholds Preliminary Injunction Barring Sale Of Cancer Test

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On July 12, 2024, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a decision by the U.S. District Court for the Middle District of North Carolina granting a preliminary injunction that barred...more

Axinn, Veltrop & Harkrider LLP

Natera and the Power of the Patent

At least since the Supreme Court’s eBay decision in 2006, a vocal contingent has been decrying the erosion of patent rights. The entry of a preliminary injunction in Natera, Inc. v. NeoGenomics Laboratories, Inc. that would...more

Goodwin

USPTO Launches the Cancer Moonshot Expedited Examination Pilot Program

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On February 1, 2023, the United States Patent & Trademark Office (USPTO) will begin accepting petitions to accelerate examination under the Cancer Moonshot Expedited Examination Pilot Program (the “Moonshot Program”). The...more

Goodwin

USPTO Announces Cancer Moonshot Expedited Examination Program

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​​​​​​​The U.S. Patent and Trademark Office (“USPTO”) published a Notice in the Federal Register announcing a new pilot program entitled, “Cancer Moonshot Expedited Examination Pilot Program” (the “Cancer Moonshot Program”)...more

McDermott Will & Emery

PTO Announces Cancer Moonshot Expedited Examination Pilot Program

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On December 8, 2022, the US Patent & Trademark Office (PTO) announced the launch of the Cancer Moonshot Expedited Examination Pilot Program (Cancer Moonshot Pilot). This program begins on February 1, 2023, and replaces the...more

Procopio, Cory, Hargreaves & Savitch LLP

New USPTO Pilot Program Offers Opportunities for Cancer/Oncology Companies

In a key development for companies working to treat cancer, the U.S. Patent and Trademark Office (USPTO) has launched a potentially beneficial pilot program. This is the latest Biden Administration initiative stemming from...more

Morgan Lewis

USPTO Introduces Cancer Moonshot Expedited Examination Pilot Program

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The Cancer Moonshot Expedited Examination Pilot Program (the new Pilot) will accord special status (earlier examination) to patent applications directed to technologies to prevent cancer and cancer mortality. The new Pilot...more

Foley & Lardner LLP

USPTO Extends Patents 4 Patients Program

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Precision or personalized medicine seeks to find the right treatment for each patient at the right time based on the patient’s genes, proteins and other personal characteristics. The approach has been successfully used to...more

Goodwin

The Future of Patents for Patients: USPTO Temporarily Extends Cancer Immunotherapy Pilot Program (Patents for Patients) and...

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On June 29, 2022, the United States Patent & Trademark Office (USPTO) announced that it was temporarily extending its Cancer Immunotherapy Pilot Program (”Patents 4 Patients” or “P4P”) to September 30, 2022, and also issued a...more

Knobbe Martens

Cancer Drug Patent Not Dead Yet

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(Mar. 31, 2022) Last Friday, ImmunoGen won an appeal at the Federal Circuit in ImmunoGen, Inc. v. Hirshfeld. The lawsuit is a civil action to order the granting of U.S. Application No. 14/509,809 (‘809), titled “Anti-FOLR...more

Harris Beach PLLC

Federal Appeals Court Hears Arguments on CAR T-Cell Therapy Patent Dispute

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T-Cell Therapies offer enormous promise in the development of novel approaches to treating cancer. A federal appeals court recently heard arguments in a patent dispute between two companies that have emerged as leaders in...more

Kramer Levin Naftalis & Frankel LLP

Recent Updates on CAR T-Cell Therapy: FDA Approvals and Patent Litigation

On Feb. 5, 2021, the Food and Drug Administration (FDA) granted approval for a new CAR T-cell therapy, Breyanzi® (lisocabtagene maraleucel), to Juno Therapeutics, a subsidiary of Bristol-Myers Squibb (BMS). Breyanzi® is...more

McDonnell Boehnen Hulbert & Berghoff LLP

Appendiceal Cancer Shows Age-related Somatic Gene Variants with Potential Diagnostic Relevance

Cancer of the appendix is a very rare form of cancer, having an incidence of 0.12 per 1,000,000 person-years (Siegel et al., 2020, Cancer statistics 2020 70:7-30).  Incidence is rising (by 232% from 2000-2016 in the U.S.)...more

McDermott Will & Emery

Independently Performed, Publicly Disclosed Prior Work Can Lead to Joint Inventorship

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Addressing an inventorship decision that added two co-inventors to patents covering cancer treatments, the US Court of Appeals for the Federal Circuit agreed that the co-inventors’ work constituted joint inventorship even...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Confirms Addition of Two Inventors of Groundbreaking Immunotherapies for Cancer

In Dana-Farber Cancer Institute, Inc. v. Ono Pharmaceutical Co. Ltd, the Federal Circuit held that two scientists, Dr. Gordon Freeman and Dr. Clive Wood, should be included as joint inventors, along with Dr. Tasuku Honjo for...more

Kramer Levin Naftalis & Frankel LLP

CAR T-Cell Therapy Takes Off and Brings on Patent Litigation

CAR T-Cell therapy, a new biologic therapy, is taking off. As companies continue to develop this new and promising therapy, patent litigation inevitably follows.  ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Launch of New Diagnostics and Cancer Advocacy Group Announced

A new non-profit advocacy organization, New Cures for Cancers, recently announced its launch and the opening of its website.  The mission of the organization is to give cancer patients and their families and friends a podium...more

Akin Gump Strauss Hauer & Feld LLP

Lack of Efficacy Data in Prior Art Dooms PTAB’s Unpatentability Finding for Method of Cancer Treatment Claims

The Federal Circuit recently overturned the Patent Trial and Appeal Board’s (PTAB) determination that claims covering a cancer treatment method were obvious. The patent at issue is directed to a method of treating...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Statistics on the Backlog Problem and "Fast-Track" Options in Brazil

The recent proposal of automatically granting pending applications without examination is nothing but a desperate measure against a problem that has been haunting applicants and practitioners for decades. Apart from the...more

Knobbe Martens

Hospira Finds Mixed Results in Instituting IPRs Against Genentech Patents for Herceptin®

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Hospira (owned by Pfizer) filed five IPR petitions against Genentech patents that Genentech asserted were directed to Herpceptin® (trastuzumab). The PTAB has now instituted IPRs in three of the five petitions and denied the...more

Foley & Lardner LLP

USPTO Extends Cancer Immunotherapy Pilot Program

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On June 29th, 2016, the USPTO announced the Cancer Immunotherapy Pilot Program to allow expedited examination of patent applications that pertain to cancer immunotherapy. Under the Program and after proper petition, the USPTO...more

Winstead PC

USPTO Cancer Immunotherapy Pilot Program

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In July 2016, the USPTO launched the Cancer Immunotherapy Pilot Program to provide a fast-track review for cancer immunotherapy-related patent applications without the need for applicants to pay a petition fee. Under this...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Implements Pilot Program to Support President's National Cancer Moonshot

Last month, the U.S. Patent and Trademark Office published a notice in the Federal Register (81 Fed. Reg. 42328) regarding the implementation of a new pilot program that will provide for earlier review of patent applications...more

Miles & Stockbridge P.C.

Teaming Up to Cure Cancer "Patents 4 Patients" – Fast Track Review

The United States Patent and Trademark Office “USPTO” is launching the “Patents 4 Patients” initiative, which will provide an accelerated review for methods of cancer treatments. Effective on June 29, 2016 the new “Cancer...more

Sheppard Mullin Richter & Hampton LLP

PTO Cancer Immunotherapy Fast Track

In response to President Obama’s National Cancer Moonshot initiative to eliminate cancer, the USPTO has launched the “Cancer Immunotherapy Pilot Program.” The Pilot Program provides an accelerated review for applications...more

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