USPTO Director Andrei Iancu Lauds Risk Takers, Calls Patent Troll Narrative ‘Orwellian doublespeak’

In his speech at the Eastern District of Texas Bar Association, the Director stated, “Remarkably, in what I believe amounts to Orwellian “doublespeak," those who’ve been advancing the patent troll narrative argue that they do so because they are actually pro-innovation. That by their highlighting, relentlessly, the dangers in the patent system, they actually encourage innovation. Right!”

 He we further to say, “Repeatedly telling “patent troll” stories is indeed odd, especially when they’re being told to the people who have been responsible for the greatest advances in human history.  The narrative must change. And, at least as far as the USPTO is concerned, it has now changed.  We are now focusing on the brilliance of inventors, the excitement of invention, and the incredible benefits they bring to all Americans and to the world.” His entire speech can be read here.

PTAB Invalidates Patent Covering Breast Cancer Treatment

In a Final Written Decision issued on October 3, 2018 of an inter partes review initiated by Pfizer (IPR2017-00737) challenging the patentability of claims 1–17 of U.S. Patent No. 7,892,549 B2 entitled, “Treatment with Anti-ErbB2 Antibodies”, the Patent Trials and Appeal Board (PTAB) found that each of the challenged claims are unpatentable as set forth in the petition. In a separate challenge by Celltrion (IPR2017-01122), the PTAB also concluded that the patent would have been obvious over the combination Baselga 1996, Seidman 1996, Pegram, and the 1995 TAXOL PDR.

The patent covered a method for the treatment of patients with breast cancer that overexpresses the ErbB2 receptor, comprising administering a combination of an antibody that binds ErbB2 (e.g. trastuzumab), a taxoid (e.g. Taxol) and a further growth inhibitory agent.

Top Cancer Researcher’s Failure to Disclose Corporate Financial Ties in Major Research Journals Results in Resignation

According to a recent article in the New York Times, one of the world’s top breast cancer doctors failed to disclose millions of dollars in payments from drug and health care companies in recent years, omitting his financial ties from dozens of research articles in prestigious publications like The New England Journal of Medicine and The Lancet. One of the articles published in The Lancet (Lancet Oncol. 2017 Jun; 18(6): 732–742) is entitled, “Trastuzumab emtansine versus capecitabine plus lapatinib in patients with previously treated HER2-positive advanced breast cancer (EMILIA): a descriptive analysis of final overall survival results from a randomised, open-label, phase 3 trial”. The article states that:

“EMILIA was a randomised, international, open-label, phase 3 study of men and women aged 18 years or older with HER2-positive unresectable, locally advanced or metastatic breast cancer previously treated with trastuzumab and a taxane. Between Feb 23, 2009, and Oct 13, 2011, 991 eligible patients were enrolled and randomly assigned to either trastuzumab emtansine (n=495) or capecitabine and lapatinib (control; n=496). On May 30, 2012, the study protocol was amended to allow crossover from control to trastuzumab emtansine after the second interim overall survival analysis crossed the prespecified overall survival efficacy boundary. Approval of trastuzumab emtansine was based on the phase 3 EMILIA study, which showed that trastuzumab emtansine significantly improved progression-free survival and overall survival compared with capecitabine plus lapatinib in patients with HER2-positive advanced breast cancer previously treated with trastuzumab and a taxane.”

The study was first posted on Clinicaltrials.gov on January 26, 2009. The researcher resigns after failing to disclose industry ties. A link to the article can be found here.

Phigenix Meets with Biopharma Delegation from Poland

The Atlanta Metro Chamber of Commerce hosted a delegation of pharmaceutical and biotechnology executives from Poland interested in forging business relationships with Atlanta-based companies.   The delegation identified Phigenix, Inc. as a company of interest, and requested a meeting during their visit to Atlanta.  The meeting was held at Phigenix’s corporate office on June 18, 2018.  Dr. Carlton D. Donald, President and CEO of Phigenix, along with Dr. James P. Brown, Head of Research and Development, provided an overview of the company's technology platform, partnering opportunities, and also provided insight on doing business in Metro Atlanta.

New Study Further Suggests PAX2 is a Viable Therapeutic Target for Cancer

In a recent article, entitled Are Pax proteins potential therapeutic targets in kidney disease and cancer?, Dr. Gregory R. Dressler of the University of Michigan, states that “the Pax family of proteins represents new pharmaceutical targets that merit exploration and further development”, and that “combining Pax inhibitors with other chemotherapeutic drugs may improve their efficacy”.  A link to the article can be found here

Disclosure: Dr. Dressler has served as a paid consultant for Genentech and Morrison and Foerster with respect to the patent infringement case filed by Phigenix.

Phigenix Hires Top Law Firm DLA Piper

As part of it's initiative for expanded IP technology development, strategic partnering and licensing, PHIGENIX is pleased to announce that we have acquired the services of DLA Piper, LLP.  Dr. Carlton D. Donald, President and CEO of PHIGENIX, commented, "Our meeting today with representatives of DLA Piper's Global Life Sciences team was both exciting and encouraging.  Their proven track record and experience in counseling clients on strategic patent matters, including patent prosecution, product clearance, patent portfolio mapping, and patent mining evaluations and analyses will be instrumental in assisting Phigenix in reaching its goals."  DLA Piper has been named “Game Changer of the Past 10 Years” by Financial Times (2015), and have 34 DLA Piper lawyers from 10 countries recognized as world’s leading patent practitioners by Intellectual Asset Management IAM Patent 1000 (2017), among other distinctions.

Phigenix Adds Quark Ventures Advisor to its Board of Directors

Phigenix appoints Mr. Michael C. Shores, who currently serves as Entrepreneur in Residence at Quark Ventures, to its Board of Directors.  Dr. Carlton Donald, President and CEO of PHIGENIX, commented, “We are excited to welcome Michael Shores to the Board of Directors.  He brings a wealth of experience across numerous sectors, including healthcare". Click here to download the press release.