Insights

Shire Prevails in Enzyme Replacement Therapies IPR

Along with our co-counsel, Proskauer Rose, Choate successfully defended our client, Shire Human Genetic Therapies, Inc., in an appeal in the Federal Circuit of a favorable inter partes review (IPR) decision from the Patent Trial and Appeal Board (PTAB).  The IPR had been brought by Green Cross Corporation in 2015 against Shire’s '556 patent, which is directed to methods for isolating recombinant human iduronate-2-sulfatase for enzyme replacement therapy.  Shire won the IPR at the PTAB, and Green Cross appealed the PTAB decision to the Federal Circuit in 2017.  Briefing in the Federal Circuit was completed in April 2018.  On May 22, 2018, upon a stipulated motion from the parties, the Federal Circuit dismissed the appeal, thus leaving in place the PTAB’s favorable finding that the challenged claims of Shire’s patent are not unpatentable.