Exelixis’ Latest Cabometyx Patent Suit Is Down to Validity (1)

MSN Laboratories Private Ltd. conceded its proposed generic version of Exelixis Inc.’s Cabometyx infringes three patents for the blockbuster cancer drug that Exelixis asserted in an April lawsuit, leaving validity the only issue as the parties await a Delaware federal judge’s ruling on three other patents after a related bench trial.

Exelixis and MSN “wish to avoid significant discovery as to the infringement” of the April case’s patents “and further wish to limit the issues” to MSN’s arguments that the patents shouldn’t have been issued, according to a stipulation and order approved Tuesday by Judge Richard G. Andrews in ...