Pharma and Patents – R. SHALMAN

Amgen’s Broad Antibody Claims Partially Revoked in Israel

The Israeli Patent Office issued a significant ruling on Patent Application No. 204013, partially revoking Amgen’s broad claims covering PCSK9-targeting antibodies used to lower LDL cholesterol. The Dispute Amgen applied for a patent on monoclonal antibodies that bind to PCSK9, a protein involved in cholesterol regulation. Blocking PCSK9 prevents the degradation of LDL receptors, thereby reducing “bad” cholesterol levels. […]

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Israeli Supreme Court Rule on PTE for Nintedanib

The Israeli Supreme Court recently issued a decision on a patent term extension (PTE) for Patent No. 148756, which covers Nintedanib, a drug developed by Boehringer Ingelheim. The case revolved around whether Israel’s Patent Registrar was correct in basing the PTE duration on the shorter of two European Supplementary Protection Certificates (SPCs) granted for Nintedanib. The

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Patent Term Extension for Apixaban Revoked in Israel

Leave a Comment / Court Decisions, Pharma and Patents / ronnieshalman_lveri8

A recent ruling by the Israeli Patent Office revoked the patent term extension (PTE) for Patent No. 160693, covering the anticoagulant drug Eliquis (Apixaban). The decision followed the invalidation of the UK reference patent, which had served as a basis for the PTE in Israel. The Dispute Bristol-Myers Squibb (BMS) had obtained a PTE in

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Inventive Step in Salt Patent – the Sitagliptin DHP Case

Court Decisions, Pharma and Patents / ronnieshalman_lveri8

In 2008, Teva challenged the patent application for the dehydrophosphate salt (DHP) of sitagliptin. The primary reference was the “basic patent” of sitagliptin, which detailed and claimed several molecules, including sitagliptin itself. This patent listed around 20 salts, with a smaller list of preferred salts, one of which was phosphate salt. Teva contended that

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The Intricacies of Patents, Pharmaceuticals, and Unjust Enrichment

Court Decisions, Pharma and Patents / ronnieshalman_lveri8

In the 1980s, Sanofi developed Plavix, a medication aimed at preventing strokes. The basic patent, which protected both the molecule and its Form 1 polymorph, expired in 2008, theoretically paving the way for generic versions to enter the Israeli market. However, a twist occurred a few years prior when a malfunction in Sanofi’s production process

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Lumateperone Patent Application: The “Obvious to Try” Test

Court Decisions, Pharma and Patents / ronnieshalman_lveri8

A patent application for Lumateperone tosylate, a compound used in schizophrenia treatment, was recently rejected by both an examiner and the patent registrar. The grounds for refusal? Lack of inventive step. The applicant’s previous patent had already described and claimed Lumateperone, including a list of 30 potential salts, one of which was the tosylate salt.

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