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 109 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.
In April 2017, Incyte filed an Inter Partes Review Petition (IPR) against Concert seeking to invalidate Concert’s US Patent No. 9,249,149. In October 2017, the PTAB denied Incyte’s petition to institute IPR. In April 2018, the PTAB granted Incyte’s motion for reconsideration. As a result, a decision on the IPR is expected April 2019.
In June 2017, Concert filed a Post Grant Review Petition (PGR) against Incyte Corporation seeking to invalidate Incyte’s US Patent No. 9,662,335. In January 2017, the PTAB made the decision not to institute the PGR proceeding.
Copies of the petitions and responses follow below.