Genmab — November 2018
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Will MorphoSys win the Darzalex patent case against Janssen and Genmab? — Markman Advisors
In 2016, MorphoSys ($MOR) sued Janssen ($JNJ) and Genmab for patent infringement. MorphoSys claims that Janssen’s anti-CD38 antibody, Darzalex®, infringes three of its patents. The case is scheduled to go to trial in February 2019. The stakes are big because the patents purport to cover the actual protein used in Darzalex®, which could mean material royalty rates on sales of Janssen’s drug. What are the strengths and weaknesses of each party’s case?
Markman Advisors (www.markmanadvisors.com)
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Nu er jeg jo selvfølgelig forudindtaget, men det virker j ret afslørende, at Morphosys angiveligt har forsøgt at hindre juryen i at få oplyst, at Morphosys i deres oprindelige patentansøgning slet ikke havde fremstillet de antibodies, som de påstod...
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Svaret fra Rachel: "As you say, yesterday there was held a summary judgement hearing. However, nothing was decided at the hearing, the judge heard the arguments but has not yet given a ruling. With the regard to yesterday’s proceedings. We were pleased with the outcome of the court hearing. With one exception, the court denied all of MorpohoSys’s motions, including motions to exclude evidence from trial and for judgment on certain claims.
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The only MorphoSys motion that was granted was simply entering judgment on infringement of certain patent claims that we had already stipulated to several months ago (under the court’s current claim construction to which we continue to disagree and to which we have the right to appeal), but to which we believe we have very strong invalidity defenses.
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In contrast, the court did not rule on Janssen and Genmab’s motions to invalidate the asserted patents, and a decision would be expected in the next two months. Should the case be halted for any reason we would, as covered by our disclosure obligations, issue a company announcement concerning the outcome. Otherwise, the case would continue as planned to a jury trail in February next year."
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