Press Release
New York, May 11, 2010 – In a victory for the intellectual property law firm Kenyon & Kenyon LLP and client Photocure ASA, the Court of Appeals for the Federal Circuit has affirmed an Eastern District of Virginia decision granting a significant patent term extension to Photocure. The district court had overturned a Patent and Trademark Office (“PTO”) decision denying the extension. Kenyon & Kenyon represented Photocure, a Norwegian pharmaceutical company, in the district court as well as on appeal. With the decision, Photocure’s patent on the Metvixia® drug product, which is used to treat skin cancer, will not expire until 2018. Under the earlier decision by the PTO, the patent would have expired in 2016. This extension is based on a provision in the patent statute that provides patent owners – like Photocure – with an extended patent term when they are delayed in commercializing their inventions by the lengthy and expensive FDA approval process.
Kenyon & Kenyon partner John Bateman, lead counsel on the case for Photocure, said: “We’re very pleased with the ruling and appreciate the Court’s thoughtful analysis of the issues.”
The Kenyon & Kenyon team included partners John Bateman, Richard DeLucia and Deborah Somerville, as well as associates Lawrence Frank and Eric Kane.
About Kenyon & Kenyon LLP Kenyon & Kenyon LLP is consistently ranked by peers and in-house counsel as one of the top firms for intellectual property law. Since its founding in 1879, the firm has provided its worldwide clientele with litigation, prosecution, licensing and counseling services. Large and small enterprises and individuals choose Kenyon to design and implement intellectual property strategies when it matters most. The firm has offices in New York, Washington, DC, and Silicon Valley.
About Photocure ASA
Photocure ASA is a Norwegian pharmaceutical company listed on Oslo Stock Exchange (PHO). The company develops and sells pharmaceuticals and medical devices for the photodynamic treatment and diagnosis of cancer and selected dermatology indications. In October 2009, Photocure entered into agreements with Galderma S.A. under which Galderma purchased global rights, assets and liabilities related to the Metvixia® drug product, which was developed and commercialized by Photocure, and is approved in the United States. Photocure currently has one proprietary pharmaceutical product on the market: Hexvix®, for the diagnosis of bladder cancer. The Hexvix® product (approved in the EU but not yet approved in the United States) is based on the Photocure Technology, combining a drug known as a photosensitiser with a light source that activates the photosensitiser. Photocure is currently developing a pipeline of follow-on products and technologies.