Genentech’s Esbriet Patent Loss Affirmed by Federal Circuit

Sandoz Inc.’s generic version of Genentech Inc.’s Esbriet, a treatment for a lung disease doesn’t infringe several patents covering the drug, the Federal Circuit affirmed Thursday.

A split three-judge panel found that a Delaware federal court rightly invalidated parts of some patents as obvious and cleared Sandoz of infringing other asserted claims.

Esbriet is approved to treat idiopathic pulmonary fibrosis, an irreversible lung disease that results in scarring of the lungs, makes breathing difficult, and prevents vital organs from receiving enough oxygen to work properly. The patents don’t cover Esbriet itself or using it to treat IPF, according to the ...