Intellectual Property

We protect our product candidates through the use of patents, trade secrets and careful monitoring of our proprietary know-how. Our patent portfolio is wholly owned by us and includes issued patents and patent applications that claim deuterated analogs of a number of non-deuterated drugs and drug candidates.

The U.S. Patent and Trademark Office (USPTO) has issued Concert over 100 patents. Additionally, our patent portfolio includes numerous issued foreign patents, including issuances in Europe, Japan, China, Australia and Russia, among other territories.

To learn more about Concert’s U.S. issued patents visit the USPTO website.

IPR Proceeding

In April 2018, the Patent Trial and Appeal Board (PTAB) of the USPTO instituted an Inter Partes Review (IPR) proceeding brought by Incyte seeking to invalidate Concert’s U.S. Patent No. 9,249,149. In April 2019, the PTAB issued a final written decision in connection with the IPR that held that the claims of the ‘149 patent were unpatentable as obvious. In January 2020, the U.S. Court of Appeals for the Federal Circuit granted Concert’s motion to vacate and remand the PTAB decision in light of the recent Federal Circuit ruling on the Constitution’s Appointments Clause in Arthrex, Inc. v. Smith & Nephew, Inc. The USPTO Director sought review of both Arthrex and the decision in Concert’s case in the Supreme Court. In June 2021, the Supreme Court decided that the remedy for a violation of the Appointments Clause should not be a hearing before a new panel of PTAB judges, but a remand to the USPTO to allow the Director to consider whether to modify the decision of the PTAB. The Supreme Court remanded Concert’s case to the Federal Circuit in light of Arthrex, and the Federal Circuit has granted Concert’s request for a remand to the USPTO Director. In October 2021, Concert filed its request to have the USPTO Director review the final written decision the USPTO Director. Concert remains committed to defending the ‘149 patent, which remains valid and enforceable while the final written decision is being reconsidered by the USPTO Director and until any future appeals by us have been exhausted.

Copies of certain documents relating to the Federal Circuit IPR appeal follow below:

Copies of certain documents relating to the PTAB IPR proceeding follow below:

PGR Proceeding

In May 2021, the PTAB instituted a Post Grant Review (PGR) proceeding brought by Incyte seeking to invalidate Concert’s U.S. Patent No. 10,561,659. The PTAB is expected to issue a final written decision within one year of instituting the PGR. The ‘659 patent remains valid and enforceable during the PGR and until any appeals by us have been exhausted.

Copies of certain documents relating to the PGR follow below:

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