ImmunoGen, Inc. v. Hirshfeld, No. 21-1939 (Fed. Cir. Mar. 25, 2022)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This case involves a civil action to obtain a patent un- der 35 U.S.C. § 145. Appellee ImmunoGen, Inc. ’s (“Immu- noGen”) U.S. Application No. 14/509,809 (“the ’809 Application”) describes methods of administering the im- munoconjugate mirvetuximab for the treatment of cancer. After the Patent Trial and Appeal Board (“Board”) of the United States Patent and Trademark Office (“USPTO”) af- firmed the examiner’s rejection of the pending claims for obviousness and obviousness -type double patenting , Im- munoGen filed…