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IPO Daily News™

Friday, 8 February 2019 8:06 am

* COURT DISMISSES IPR APPEAL FOR LACK OF ART. III STANDING

Momenta Pharm., Inc. v. Bristol-Myers Squibb Co., 17-1694 — Yesterday in an opinion by Judge NEWMAN, the Federal Circuit dismissed Momenta’s appeal of a USPTO inter partes review decision that BMS’s claims were patentable. The patent claimed formulations of abatacept, “an immunosuppressive agent used in treatment of immune system disorders such as rheumatoid arthritis” sold under the brand Orencia®. The Court found that after a biosimilar Momenta was developing had failed Phase 1 clinical trials and Momenta had terminated a collaboration agreement to develop such a product, it was no longer engaged in nor had any “concrete plans” to pursue activity that would give rise to a possible infringement claim. Both the IPR estoppel provision and the possibility that Momenta might receive a royalty on a future biosimilar were too speculative to establish a legally protectable interest. Consequently, it lacked “standing to invoke federal appellate jurisdiction, and the appeal [wa]s mooted.”
(1 to 4 stars rate impact of opinion on patent & trademark law)

SENATE JUDICIARY FORMS IP SUBCOMMITTEE

Yesterday the Senate Judiciary Committee announced assignments for a newly-formed IP Subcommittee. It will be chaired by Sen. THOM TILLIS (R-N.C.). Sen. CHRIS COONS (D-Del.) is the ranking member.

IP IN THE MASS MEDIA

U.S. Chamber of Commerce Ranks U.S. Patent System 2nd in the World

Yesterday the U.S. Chamber of Commerce released its annual IP Innovation Index, which ranks the world’s top 50 economies based on a number of factors related to innovation activity including intellectual property protection. This year, the Chamber ranked the U.S. patent system second in the world, up from 12th place in 2018, explaining that changes the USPTO made to the post grant proceedings in 2018 “should help to reduce unpredictability in the patent opposition system in the U.S.”

SCHWEGMAN LUNDBERG & WOESSNER TO SPONSOR IPOwners Spring Summit™

IPO appreciates the support of Schwegman Lundberg & Woessner for sponsoring the corporate only reception on 6 March, the evening prior to IPO’s 2nd Annual IPOwners Spring Summit™ on 7 March in Austin, Texas. The corporate reception is open only to registered corporate attendees of the summit.