PATENTS
USPTO seeks to prevent patent thickets
The U.S. Patent and Trademark Office has proposed a new way to prevent pharma companies from using patent thickets to postpone generic drugs from making it to market. The potential new rule has to do with "terminal disclaimers," which allow branded drugmakers to skirt rules and, in essence, get more than one patent for an invention.
Under the proposed rule, if a key patent is later invalidated either through patent infringement litigation in court or a PTO board ruling, the brand-name drug company would agree not to enforce any of the other patents that were linked by the terminal disclaimer.
"In one fell swoop, it can make a difference, and would address patent thickets," one pharma patent expert told STAT. "Instead of having to challenge, say, 100 different patents, I just have to figure out how they are linked together and try to invalidate the weakest claim."
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wall Street
Why Disc Medicine's shares jumped last week
Shares in Disc Medicine jumped about 18% Friday after two bits of news: It announced a stock offering priced at $36 per share, with aims to raise $178 million. And it announced positive data for three clinical-stage programs during the European Hematology Association meeting last week.
The Boston-area company is developing a drug called bitopertin for erythropoietic protoporphyria, a rare disease that causes photosensitivity and liver problems. Phase 2 results showed significant reductions in a substance called protoporphyrin IX, which increases in patients with the rare blood disease. A Phase 1b/2a study also showed promise in myelofibrosis, and a Phase 1 trial also demonstrated safety and efficacy among healthy volunteers.
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