Intellectual Property

We protect our product candidates through the use of patents, trade secrets and careful monitoring of our proprietary know-how. Our patent portfolios are wholly owned by us. They include issued patents or patent applications that claim deuterated analogs of nearly 100 non-deuterated drugs and drug candidates.

The U.S. Patent and Trademark Office (USPTO) has issued 123 patents relating to Concert’s DCE Platform. 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 U.S. Patent and Trademark Office 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 (CAFC) granted Concert’s motion to vacate and remand the PTAB decision in light of the recent CAFC ruling on the Constitution’s Appointments Clause in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019). As a result, the IPR has been remanded for reconsideration by a new panel of PTAB judges; however, the reconsideration is currently on hold while the Supreme Court considers certain questions raised by Arthrex. Concert remains committed to defending the ‘149 patent, which remains valid and enforceable while the IPR is being reconsidered by the PTAB and until any future appeals by us have been exhausted.

Copies of the petitions and responses during the Federal Circuit Appeal follow below.

Copies of the petitions and responses during the PTAB proceeding follow below.

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