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Chugai Pharmaceutical Secures Victory in Patent Appeals

Paul, Weiss secured an appellate victory for Tokyo-based drug manufacturer Chugai Pharmaceutical Co. Ltd in a dispute regarding two Chugai patents for a simpler, less costly method of purifying antibodies. The U.S. Court of Appeals for the Federal Circuit rejected a major pharmaceutical company’s appeals of two Patent Trial and Appeal Board rulings that upheld the validity of Chugai’s patents. A three-judge Federal Circuit panel found that the pharmaceutical company lacked standing to appeal because it had failed to prove it would suffer a concrete and particularized injury in fact from the PTAB’s final written decisions in the two IPRs below. The panel noted that the pharmaceutical company’s argued evidence for standing did not cover the period when the appeal began, and also did not “establish with sufficient likelihood that the processes used to prepare [its] product would infringe Chugai’s patents.”

The Paul, Weiss team included litigation partners Steven Baughman, Jennifer Wu and Eric Stone, counsel Megan Raymond and Jenny Wu

April 27, 2020

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