BioCryst (BCRX) Seeks to Correct Erroneous Patent on HCV Inhibitor
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On March 12, 2012, BioCryst Pharmaceuticals, Inc. (Nasdaq: BCRX) reports that it will initiate a process at the United States Patent & Trademark Office (“USPTO”) to correct an apparent error made by the USPTO.
On February 21, 2012, the USPTO issued US Patent 8,119,607 to Biota Holdings Limited containing a claim that covers the structure of BCX5191, a BioCryst discovered nucleoside analog hepatitis C viral RNA polymerase (NS5B) inhibitor. The Biota ‘607 patent was filed almost 18 months later than BioCryst’s patent application which specifically claims and discloses BCX5191, and is still pending at the USPTO. At least with respect to the hepatitis C inhibitor BCX5191 discovered and being developed by BioCryst, the Company believes the Biota patent was improvidently granted by the USPTO. Because BioCryst filed its patent application prior to Biota’s filing, BioCryst expects to be the senior party in the process at the USPTO and expects to prevail. BioCryst intends to pursue its interests vigorously to seek a resolution. BioCryst has hired the Finnegan law firm as its legal counsel to represent it before the USPTO.
BioCryst plans to initiate its IND-enabling GLP toxicology studies of BCX5191 soon, and remains committed to the development plan announced on February 16, 2012. This plan also includes comparative pharmacology studies and in vitro evaluations of BCX5191 in combination with other hepatitis C drugs, such as Ribavirin. The Company expects to begin first-in-human studies before the end of 2012.
On February 21, 2012, the USPTO issued US Patent 8,119,607 to Biota Holdings Limited containing a claim that covers the structure of BCX5191, a BioCryst discovered nucleoside analog hepatitis C viral RNA polymerase (NS5B) inhibitor. The Biota ‘607 patent was filed almost 18 months later than BioCryst’s patent application which specifically claims and discloses BCX5191, and is still pending at the USPTO. At least with respect to the hepatitis C inhibitor BCX5191 discovered and being developed by BioCryst, the Company believes the Biota patent was improvidently granted by the USPTO. Because BioCryst filed its patent application prior to Biota’s filing, BioCryst expects to be the senior party in the process at the USPTO and expects to prevail. BioCryst intends to pursue its interests vigorously to seek a resolution. BioCryst has hired the Finnegan law firm as its legal counsel to represent it before the USPTO.
BioCryst plans to initiate its IND-enabling GLP toxicology studies of BCX5191 soon, and remains committed to the development plan announced on February 16, 2012. This plan also includes comparative pharmacology studies and in vitro evaluations of BCX5191 in combination with other hepatitis C drugs, such as Ribavirin. The Company expects to begin first-in-human studies before the end of 2012.
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