US Court sides with Sanofi in patent case for key cancer drug

In a dispute that saw a clutch of companies want to produce generic copies of cancer drug Jevtana (cabazitaxel), a US court has sided with Sanofi on protecting the drug from competition.
Companies including Actavis and Mylan received tentative FDA approvals for copies of Jevtana in recent years, but Sanofi had records that stated the drug was protected through to 2031.
Upon taking companies to court, it was ruled the ‘592 patent was invalid”. After appealing the decision, the merit of ruling became a key part of the case with the court siding with Sanofi.
Judge Laurie commented on the ruling ““The district court found the defendants’ experts cherry-picked data in the references to reach cabazitaxel and were not credible. Despite attempts by research groups around the world to develop effective taxane cancer treatments, the court recognised that cabazitaxel was only the third taxane to obtain FDA approval. The court thus determined that ‘Sanofi’s success, where others had failed’ supported non-obviousness.”