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CVC Files Response and Reply Brief in Interference No. 106,115 Appeal | McDonnell Boehnen Hulbert & Berghoff LLP

In its appeal from an adverse decision on priority by the Patent Trial and Appeal Board (PTAB) in Interference No. 106,115 (directed to CRISPR-mediated gene editing), Junior Party the...

United-states , Vienna , Wien , Austria , California , American , Alcon-rsch , Emmanuelle-charpentier , Cameron-everett , Burroughs-wellcome , Commr-pat , Dionex-softron-gmb

CVC Files Appeal Brief in Interference No. 106,115 | McDonnell Boehnen Hulbert & Berghoff LLP

The Patent Trial and Appeal Board (like its predecessor, the Board of Patent Appeals and Interferences or BPAI) occasionally renders an opinion having the tendency to raise an eyebrow...

California , United-states , American , Kitty-hawk , Commr-pat , Cameron-everett , Chugai-pharm , Alexander-graham-bell , Alcon-rsch , Broad-institute , American-bell-telephone-co , Burroughs-wellcome-co

Bayer Healthcare LLC v. Baxalta Inc. (Fed. Cir. 2021) | McDonnell Boehnen Hulbert & Berghoff LLP

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Last week, the Federal Circuit affirmed a jury verdict against Baxalta Inc., Baxalta US Inc., and Nektar Therapeutics for infringing Bayer Healthcare's patent to human blood clotting factor conjugates in
Bayer Healthcare LLC v. Baxalta Inc.
Bayer Healthcare sued Defendants on U.S. Patent No. 9,364,520, alleging willful infringement by Baxalta's product, Adynovate®. This product is a recombinant human Factor VIII (the blood clotting factor responsible for causing Hemophilia A) having the protein structural domains A1-A2-B-A3-C1-C2, wherein the B portion was specifically modified by addition of polyethylene glycol (PEG). PEGylation is important because Factor VIII has an 11-hour half-life which requires frequent injections and leads to reduced patient compliance. The prior art had disclosed "random" modification of Factor VIII with PEG, which had "several drawbacks" due to the multiplicity of PEGylations sites ("158 lysines, the two N-termini, and multiple histidines, serines, threonines, and tyrosines") in the Factor VIII protein, which led to heterogeneity in the species produced, including ones having deleterious effects on Factor VIII activity and ones having a multiplicity of PEG residues conjugated to the protein.

United-states , Samsung-elecs , Alcon-rsch , Idenix-pharmaceuticals , Barr-labs-inc , Gilead-sciences-inc , Cardiovascular-systems-inc , Hoechst-marion-roussel-inc , Indivior-inc , Bayer-healthcare , Conair-corp , Nektar-therapeutics