Analysis Group Client ImmunoGen Patent Upheld In Rare Victory at the PTAB 

October 30, 2015

The Patent Trial and Appeal Board (PTAB) recently ruled in favor of ImmunoGen, Inc., denying Phigenix, Inc.'s petition that the claims of an ImmunoGen patent covering its breast cancer treatment, Kadcyla, were unpatentable. An Analysis Group team, led by Managing Principal John Jarosz and Vice President Daria Killebrew, was retained by counsel on behalf of ImmunoGen to conduct an assessment of the commercial success of Kadcyla. Kadcyla is an anti-cancer therapy comprised of an antibody and toxin that Phigenix contended would have been obvious over prior art references.

Since the creation of the PTAB in 2012, establishing new processes for post-grant and inter partes patent reviews, many US patents have been invalidated. Patent owners have had particular difficulty demonstrating commercial success, which requires an assessment of the marketplace success of the patent-practicing product and a showing of a sufficient causal nexus between marketplace success of the patented product and the claimed advantages of the patent. In its decision, the PTAB cited Mr. Jarosz's expert testimony and analysis, which drew on revenue and prescription data, as well as marketing and promotional efforts, to provide evidence of the commercial success of Kadcyla.

Read the decision

Read more about assessing commercial success at the PTAB