Generic encroachment on Johnson & Johnson's (NYSE:JNJ) top-selling cancer drug Zytiga (abiraterone) is a step closer after the USPTO's Patent Trial and Appeal Board invalidated a key patent ('438) protecting the product until 2027. The challenge to the patent, in a proceeding called inter partes review, was brought by generic drug maker Argentum.
In a statement, J&J said we are "disappointed in and strongly disagree" with the decision and are "evaluating our options" for a rehearing and/or appeal, adding that "we believe the '438 patent is valid and will continue to vigorously defend it."
Zytiga, approved to treat prostate cancer in 2011, generated $669M in sales in Q3 2017.
