February 27, 2019
Authored and Edited by Katherine T. Leonard; M. Andrew Holtman, Ph.D.
In Momenta Pharmaceuticals, Inc. v. Bristol-Meyers Squibb Co., No. 17-1694 (Fed. Cir. Feb. 7, 2019), the CAFC dismissed Momenta’s appeal from a final written decision of the PTAB for lack of standing. The PTAB sustained patentability of the challenged claims from Bristol-Meyers Squibb’s ’239 patent, which covered BMS’s Orencia® product. The CAFC held that Momenta had no legally protected interest in the validity of the ’239 patent once it discontinued seeking FDA approval for an Orencia® biosimilar. Further discussion of the decision can be found on Finnegan’s Federal Circuit IP Blog.
Food and Drug Administration (FDA), United States Court of Appeals for the Federal Circuit (CAFC), Patent Trial and Appeal Board (PTAB)
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