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The Patent Chronicle

in Sci-IP by

May 23, 2017: Your weekly dose from the world of patents. The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at

So let’s light up our patent awareness for the week!


Strict limits on patent litigation venues in future

Decision: The US Supreme Court ruled unanimously in favor of TC Heartland in the case against Heinz preventing Heinz from litigating in Delaware.

Reason: The practice of selecting friendly favorable venues was an irritant for majority of patent owners. The court had realized the far-reaching consequences of the case and taken pains to carefully weigh the facts before delivering it’s ruling.

Impact: The case was high profile and closely followed by everyone. Suing for infringement in friendly and favorable venues such as Delaware and the Eastern District of Texas will be impacted in light of this ruling. It is a big win against Trolls favor the two venues.

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Aurobindo Pharma secures unusual injunctive relief against Mylan

Decision: The Federal circuit granted injunctive relief for Aurobindo in the infringement case brought against it by Mylan on Isosulfan Blue (IB).
Reason: The court felt that Aurobindo is likely to prevail on merits, will likely suffer irreparable harm in the absence of such relief, the balance of equities favor it, and it is in public interest.
Impact: The bigger impact of the ruling comes from the test that was applied by the court to provide relief. Instead of a function-way-result test (product performing substantially the same function in substantially the same way to obtain the same result), the court used the insubstantial differences test (accused product or process is substantially different from the patented one) stating that is more appropriate for chemical arts. The ruling could be a trendsetter giving as much importance to the process as the product. This could bode well for the chemical arts. The relief provided for Aurobindo is a motivation for others interested parties also to strategize their assets.

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SC to weigh in on Inter Partes Review practice

Decision: The US supreme court decided to take up a case that will review whether USPTO’s PTAB should issue written decisions on all of the claims challenged by a third party in Inter Partes Reviews or just on the claims PTAB chose to review.

Reason: The PTAB usually grants a review based on merits of the likelihood that the petitioner would prevail with respect to at least one claim. In the process, not all the claims are necessarily chosen for review. In scenarios where the petitioner successfully gets the PTAB to invalidate some of the claims in a patent under review, the PTAB issues written decisions only on those that were reviewed in the procedure.

Impact: If it is ruled that PTAB should issue written decisions on all the claims in the contested patent, it will put additional burden on the Board. For the petitioner the written decisions on all the claims will be a useful resource if the Board’s decision is questioned later in the court by the patent owner.

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Abbvie’s Humira patent invalidated

Decision: USPTO’s PTAB invalidated Abbvie’s key Humira patent.

Reason: Coherus Biosciences had approached PTAB for invalidating a key patent that covers Humira.

Impact: The patent was set to expire in 2022. Humira brings in multibillion dollars to Abbvie. The impact of the ruling was immediate as the stocks of Abbvie dived and Coherus gained. Coherus is coming up with biosimilars to the Humira. In light of the ruling, they can use the same drug regimen for treatments. Abbvie has other patents that protect the formulations till 2022. Coherus will have to figure out a strategy to deal with the remaining patents that survived while marketing their biosimilar. Needless to say, there are others also wanting to cash in on this turn of events.

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Infographically Speaking…..

The State of the Pharmaceutical Industry

From Visually.


Proprietary Humor From Mimi and Eunice

About the author:


Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.

Feature image source: Wikimedia Commons

Blog design: Abhinav Dey

Creative Commons License
This work by ClubSciWri is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Med-Ness-JPM meeting, Epipen and more…..

in SciBiz by

Hi all, its our second week and co-incidentally this week SciWri turned one. Happy Birthday SciWri and may the members continue to spread the light of wisdom through their blog sections!


35th Annual JP Morgan Healthcare Conference (JPMHC17)

The annual JPMHC17 took place in San Francisco from Jan9-13. This conference boasts to be one of the largest healthcare conference wherein pharmaceutical companies and small-scale biotech companies present their most recent innovation technology and share their future goals. The major highlights of this year’s conference are as follows:

  • Major focus on Oncology as leading pharmaceutical companies presented their innovative ideas at the pipeline stage or approval stage. CAR-T therapy presentations stole the show.
  • Genomics was another hot topic that was discussed and new therapies and technological advancements were presented. Illumina’s $100 genome was one of the most successful presentations. Illumina’s latest baby NovaSeq was unveiled at JPMHC17. This new machine (available as 5000 or 6000 system) is expected to expedite the experimental plan while reducing the over all cost, although, the real “$100 genome” deal is still far. The introduction of NovaSeq is definitely good for the company’s rising stock.

Head turning business deal: $5.2 billion bid by Takeda Pharmaceutical Co Ltd for Ariad Pharmaceuticals Inc. Ariad Pharmaceuticals, specializing in oncology drugs, developed drugs like Iclusig (Ponatinib for chronic myeloid leukemia); AP32788- kinase inhibitor for NSCLC and now Brigatinib for Alk positive NSCLC patients resistant to or who experienced drug progression on Pfizer Inc’s Xalcori (Crizotinib). The deal is expected to close by end of February.


Do we have an alternative to Mylan’s EpiPen?

2016’s most controversial product, EpiPen’s alternative is expected to hit the market with a list price of $4500. Kaleo’s Auvi-Q allergic device will be available for as low as $360 in cash for uninsured patients. However, the company has agreed to cover the full cost for those with a high deductible insurance plan or with household income less than $100,000.


Biosimilar for AbbVie’s Humira accepted for Review

Abbvie’s Humira (adalimumab), indicated for multiple inflammatory conditions including rheumatoid arthritis, psoriatic arthritis, adult and pediatric Crohn’s disease, ulcerative colitis, pulls in annual sales of nearly $15 billion. This drug was approved in US and EU. Boehringer Ingelheim introduced their biosimilar to Humira and has been accepted for review by both FDA and EMA.

In September last year, FDA also approved Humira’s first biosimilar version- Amgen’s Amjevita.


Joe Biden’s Cancer Moonshot Future

Cancer Moonshot- an initiative by Joe Biden was a ray of hope for the scientists focusing on cancer research. However, researchers all over the US have feared the thwarting of research after the successful fulfillment of Barak Obama’s presidential term. In one of the last initiative, National Cancer Institute (NCI) is designing a new plan wherein the scientists can pursue new combination therapies. NCI will act as a mediator between the drug makers and the outside researcher’s thus enabling scientists to access new drugs for research.

At the present, six companies including Bristol-Myers Squibb, Eli Lilly, Genentech, Kyowa Kirin, Loxo Oncology and Xcovery have participated in the program.

Francis Collins to stay as NIH Director under Trump’s administration

Francis Collins has been asked by the president-elect Donald Trump to stay on his position as National Institute of Health Director. The duration of his stay is still unknown. He has been serving at NIH since last eight years under Obama’s administration.


This was the succinct version of MedRecap, MedNess, MedPol and MedPharm..more to follow next week. Have a great weekend.

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