Photocure wins patent case against the US Patent and Trademark Office
(Thomson Reuters ONE) -
Oslo, Norway, May 11, 2010.
In the US, the Federal Circuit Court of Appeals (CAFC) upheld the lower court's
decision stating that the United States Patent and Trademark Office's (USPTO)
interpretation of the law when refusing Photocure's request for patent term
extension was not reasonable.
In September 2004, Photocure submitted to the USPTO an application for patent
term extension of its US patent covering the FDA-approved drug Metvixia®. US law
permits patent term extension due to the lengthy Food and Drug Administration
(FDA) approval process, which had been the case for Metvixia®. The USPTO refused
Photocure's application, Photocure sought judicial relief by appealing to the US
Eastern Court of Virginia and the Court granted summary judgment in Photocure's
favour.
The USPTO appealed the Court's decision and the case was now decided by the
CAFC. The matter is now remanded back to the USPTO to take appropriate steps on
granting the requested patent term extension.
In October 2009, Photocure entered into agreements with Galderma S.A. under
which Galderma has purchased global rights, assets and liabilities related to
Metvix® and Metvixia®. Metvix®/Metvixia® was the first PDT product developed and
commercialized by Photocure and is approved in the US for the treatment of
actinic keratosis.
"Although we no longer own Metvixia®, this ruling is very important for
Photocure", says Photocure's President and CEO Kjetil Hestdal. "It will require
the USPTO to change its interpretation of the law and thus open the way for a
future patent term extension for Hexvix®."
The USPTO may ask for an en banc decision and/or may appeal the CAFC's decision;
such an appeal would be heard by the US Supreme Court.
For further information, please contact:
President and CEO Kjetil Hestdal
E-mail: kh(at)photocure.no
Mobile: +47 913 19 535
CFO Christian Fekete
E-mail: cf(at)photocure.no
Mobile: +47 916 42 938
www.photocure.com
About Photocure
Photocure is a Norwegian pharmaceutical company listed on the Oslo Stock
Exchange (OSE: PHO). The company develops and sells pharmaceuticals and medical
devices for the photodynamic treatment and diagnosis of cancer and selected
dermatology indications.
Photocure's commercial activities includes own marketing and sales in selected
markets as well as out-licensing on a regional or global basis prior to phase
III.
Photocure has one proprietary pharmaceutical product on the market: Hexvix(®),
for the diagnosis of bladder cancer. Hexvix is approved in EU. In addition, the
company has developed a proprietary light source, which is used in combination
with the Visonac(TM) cream. Through worldwide studies, Photocure is continuously
testing its products for new indications, and the aim is to develop a pipeline
of follow-on products based on the Photocure Technology(TM)platform.
For more information about Photocure, visit our website at www.photocure.com.
Photocure(®), the Photocure logo and Hexvix(®) are registered trademarks of
Photocure ASA.
This information is subject of the disclosure requirements acc. to §5-12 vphl
(Norwegian Securities Trading Act)
[HUG#1414574]
Unternehmensinformation / Kurzprofil:
Datum: 11.05.2010 - 08:52 Uhr
Sprache: Deutsch
News-ID 20649
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Town:
Oslo
Kategorie:
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"Photocure wins patent case against the US Patent and Trademark Office"
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