Dallas, Texas 03/25/2014 (FINANCIALSTRENDS) – Last week, a United States District Court denied Santaris Pharma’s 2nd bid to have the patent- infringement lawsuit that was filed against it by the Isis Pharmaceuticals to be thrown out. The court ruled that this company had one more failed to establish that the alleged infringing activities it was carrying out were protected by the US statute that allow use of the patented inventions in its drug development. Resultantly, the litigation will now continue, said the court.
This legal spat started in 2011, which was when Isis had sued Santaris for infringing 2 of the company’s US patents by providing the antisense drug-candidates & drug-discovery services to 5 pharmaceutical partners: Enzon Pharmaceuticals Inc (NASDAQ:ENZN) GlaxoSmithKline, Wyeth, Shire, & Pfizer. The following year, Santaris had asked the court to actually dismiss this case, arguing that the activities of providing the drug to Enzon Pharmaceuticals Inc (NASDAQ:ENZN) and the other companies falls under the protection of the 35 U.S.C. 271e I, a legal-provision that permits companies to actually make, use & offer to sell/ sell … any patented invention … solely for the uses that are reasonably-related to development & submission of the information under the Federal law that regulates manufacture, use, /sale of the drugs/ veterinary biological products
In the landmark 2005, United States Supreme Court ruling, the protection under this statute was further extended to use of the patented inventions that are “reasonably-related to development and the submission of any of the ” to the United States Food and Drug Administration. Enzon Pharmaceuticals Inc (NASDAQ:ENZN) is a bio tech company. Its drug- development programs use 2 platforms: 1) Customized PEGylation Linker Technology & 2) 3rd-generation messenger-ribonucleic acid antagonists that use the Locked-Nucleic Acid- technology. Enzon Pharmaceuticals Inc (NASDAQ:ENZN) has 4 compounds that are in human clinical-development. The PEGylated version of its active-metabolite of its cancer drug, irinotecan, – PEG-SN38, & mRNA -0antagonists Survivin & the Androgen Receptor.