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Phigenix Can’t Appeal Immunogen’s Kadcyla Patent Win

Jan. 9, 2017, 6:31 PM

Phigenix Inc.'s loss in a challenge to Immunogen Inc.'s patent underlying breast cancer drug Kadcyla can’t be appealed, the U.S. Court of Appeals for the Federal Circuit said Jan. 9 (Phigenix, Inc. v. Immunogen, Inc., 2017 BL 4540, Fed. Cir., 2016-1544, 1/9/17).

The court held in 2014 that a third party, such as Consumer Watchdog, lacks standing to appeal a Patent Trial and Appeal Board decision favoring a patent owner because an advocacy organization can’t point to the harm it suffers.

This opinion expands the bar. Phigenix and Immunogen provide products and services to the same market, ...

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