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editor’s letter/contents

LSIPR Newsletter 02:13

Life Sciences IP Review is published by: Newton Media Limited Kingfisher House, 21-23 Elmfield Road, Bromley, BR11LT, United Kingdom +44 203 301 8200 Director Nicholas Lipinski Publisher John Haley Telephone: +44 203 301 8205 Email: Managing Editor Peter Scott Telephone: +44 203 301 8211 Email: Sub-editor Ros Bromwich Journalists Rachael Steven, Ed Conlon, Leonie Mercedes Production and design Fisherman Creative ©Newton Media Limited 2013 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electrical, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher. The views expressed in LSIPR are not necessarily those shared by the publisher, Newton Media Limited. Wishing to reflect the true nature of the market, we have included articles from a number of sources, and the views expressed are those of the individual contributors. No responsibility or liability is accepted by Newton Media Limited for any loss to any person, legal or physical, as a result of any statement, fact or figure contained in LSIPR. This publication is not a substitute for advice on a specific transaction. The publication of advertisements does not represent endorsement by the publisher. Life Sciences IP Review (LSIPR): ISSN 2049-2359 (Print)

Editorial Panel Trevor Cook, partner, Bird & Bird Lars Kellberg, corporate vice president, corporate patents, Novo Nordisk A/S Nathalie Moll, secretary general, EuropaBio Caroline Pallard, partner, Nederlandsch Octrooibureau Jane Wainwright, partner, Potter Clarkson LLP Gordon Wright, partner, Elkington & Fife LLP, on behalf of CIPA


Starting up Hello, and welcome to the first Life Sciences IP Review monthly newsletter. This new project aims to provide a regular, flexible news resource for professionals active in the life sciences, biotechnology and pharmaceutical industries. While the focus will be on intellectual property in those industries, we also hope to be able to provide a wider look at interesting trends, interesting companies and interesting places that have a part to play. We’ll cover all the key news of the month, but there will also be interviews, case reports by experts, looks at clusters of innovation in the industry, and legislative updates. In this issue, we cover the recent Myriad case in Australia, generic heroin substitutes in the US, a patent revocation in India, and a UK court decision on a Genetech patent, among others. We also take a look at potential changes to UK and Mexican patent legislation, which could have a big impact on the innovation climate in those countries. One of the key ways in which governments attempt to stimulate the industry is with the creation of clusters, which bring together companies working in the same broad areas and allow them to feed off each other’s creativity; the theory goes that this kind of interaction leads to better results for everyone. In what we hope will become a regular segment, we visited one of those clusters, in Lille, to see how things work. We report back in this issue. Finally, we have an interview with Hadyn Parry, CEO of Oxitec, which pioneers insect sterilisation techniques in the fight against dengue fever and malaria, among others. He speaks about the company’s approach to innovation, and has some interesting comments on the importance or otherwise of the company’s IP to its success. Peter Scott, Managing Editor

Contents 4

News 4 US Appeals Court upholds AstraZeneca’s Seroquel XR Patent 4 Teva faces $2 billion damages for selling generic Protonix 5 Australian court backs Myriad in human gene patent dispute 6 India publishes feedback on draft biotech guidelines 8 Bristol-Myers Squibb loses Baraclude patent fight with Teva 8 Nuvo Research and Apotex reach Pennsaid patent settlement 10 India’s Patent Office revokes Sutent cancer drug patent 10 FDA approves generic heroin substitutes


Life sciences cluster focus Hub and spoke? Life sciences in Northern France


Legal update 14 Mexican Senate proposes bill to reduce life term of medicine patents 15 UK patent change paves way for pharma innovation 16 India publishes feedback on draft biotech guidelines


Investigating insects: Oxitec’s novel approach

20 Case report—Australia: the Myriad case 22

Case report—India: The Sunitinib case

Life Sciences IP Review

LSIPR Newsletter - February  

Life Sciences Intellectual Property Review newsletter for February 2013.

LSIPR Newsletter - February  

Life Sciences Intellectual Property Review newsletter for February 2013.