Patents. Law. Pharma.

Amicus Therapeutics has been fighting off prospective generics for Galafold®.  Teva settled with Amicus in October 2024, but Aurobindo continued to fight.  The parties recently went to trial, and on November 5, they exchanged their first round of post-trial briefing.  The briefing suggests Amicus faces risk under Section 101 for at least two of its patents as well as prior art risk on all of them.  What do the briefs say?

Biomarin’s bid to block Ascendis from launching a competing drug for treating achondroplasia is nearing the merits.  Biomarin started its campaign in the International Trade Commission (ITC), and in response, Ascendis filed two district court declaratory judgment actions.  Ascendis withdrew the first DJ action, and the second one has been stayed.  The ITC case is now scheduled to hear the parties’ claim construction disputes later this month.  The outcome of that hearing, which will finally touch upon the merits of Biomarin’s infringement allegations, could prove to be a major inflection point in this dispute.  What’s at stake in the upcoming Markman hearing?     

Arbutus’ patent dispute with Moderna is nearing trial.  In anticipation of that, the parties have exchanged cross-motions for summary judgment seeking to limit the issues to be heard at trial.  This blog post will address Moderna’s most important summary judgment argument, namely, the lion’s share of its potential liability should be shifted to the Government under § 1498.  (Future posts will address the parties’ other summary judgment arguments.). I previously blogged about Moderna’s § 1498 defense shortly after this case began.