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Akebia Therapeutics (AKBA) Prevails in Two Additional European Patent Disputes
https://www.streetinsider.com/Corporate+News/Akebia+Therapeutics+%28AKBA%29+Prevails+in+Two+Additional+European+Patent+Disputes/12977731.html

Akebia Therapeutics, Inc. (NASDAQ: AKBA), a biopharmaceutical company focused on delivering innovative therapies to patients with kidney disease through the biology of hypoxia-inducible factor (HIF), today announced that the Opposition Division (OD) of the European Patent Office has revoked another FibroGen, Inc. HIF-related patent in Europe. In addition, Akebia’s challenge to a second HIF-related patent resulted in FibroGen significantly narrowing the claims to cover only an indication for which Akebia is not intending to develop vadadustat. These positive outcomes follow Akebia’s success in challenging two other FibroGen European patents (EP 1 463 823 and EP 1 633 333), which were revoked in their entirety by the OD in March and December of 2016, respectively.

“We are pleased with the outcome of this week’s proceedings in Europe, which have confirmed, once again, that FibroGen’s patents are either invalid or too broad in scope,” stated John P. Butler, President and Chief Executive Officer of Akebia. “To date, we have successfully challenged five of FibroGen’s HIF-related patents in Europe and Japan, resulting in the patents either being revoked in their entirety or significantly narrowed to a scope that does not impact our commercial plans for vadadustat.”

The European Patent Office previously granted EP 2 322 155 (the ’155 patent) and EP 2 322 153 (the ’153 patent) to FibroGen, Inc. In order to preserve its right to challenge, on May 13, 2015 and July 6, 2015 Akebia filed oppositions to the ’155 and the ’153 patents requesting that the patents be revoked in their entirety. In oral proceedings held on May 29, 2017, the OD ruled that the ’155 patent as granted did not meet the requirements for patentability under the European Patent Convention and, therefore, revoked the patent in its entirety. Subsequently, in related oral proceedings held on May 31 and June 1, 2017 for the ’153 patent, FibroGen significantly narrowed the claims to an indication for which vadadustat is not intended to be developed. Written decisions consistent with the oral rulings are expected within a few months.