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ImmunoGen Patent Application Suit Sent Back to Court (1)

March 25, 2022, 5:44 PMUpdated: March 25, 2022, 7:09 PM

ImmunoGen Inc. will get another chance at reviving its patent application for a dosing method of administering antibodies for cancer treatments after the Federal Circuit found the district court made a “fatal” error.

In granting summary judgment against ImmunoGen that the patent described in its application was “fatally indefinite and fatally obvious,” the U.S. District Court for the Eastern District of Virginia resolved some factual disputes, the U.S. Court of Appeals for the Federal Circuit wrote in a nonprecedential opinion. The Virginia court’s error was fatal to its ruling, the Federal Circuit found.

There’s a genuine factual dispute as ...