Appeals Court Upholds Genentech’s Patent Victory Over Phigenix

A federal appeals court upheld a lower court ruling that Phigenix lacked evidence to prove a patent infringement case against Genentech for the breast cancer drug Kadcyla (ado-trastuzumab emtansine).

Phigenix sued Genentech in the U.S. District Court of Northern California in 2014 for alleged infringement of its patents covering the expression of the PAX2 gene — a gene commonly expressed in breast cancer.

In 2017, a judge ruled in Genentech’s favor. Phigenix appealed that decision in the U.S. Court of Appeals for the Federal Circuit on the grounds that some expert testimony was excluded.