New Brunswick, NJ (January 17, 2018) – Johnson & Johnson issued the following statement regarding today’s Inter Partes Reviews regarding ZYTIGA® (abiraterone acetate):
“We are disappointed in and strongly disagree with the U.S. Patent and Trademark Office’s (USPTO) decisions relating to ZYTIGA® as part of the Inter Partes Reviews. We are evaluating our options with respect to a request for rehearing and/or appeal to the Court of Appeals for the Federal Circuit. We believe the '438 patent is valid and will continue to vigorously defend it.”
Inter Partes Review decisions by the USPTO do not result in termination of a 30-month stay triggered under the Hatch-Waxman Act by the timely filing of a patent infringement lawsuit against a generic ANDA applicant.
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Joseph J. Wolk