biotechinvestor1
1 day ago
From Gemeni:"The "One Big Beautiful Bill Act" has been signed into law, and it includes the "Orphan Cures Act." This means that Darzalex and Darzalex Faspro, assuming they continue to have only orphan indications, will be exempt from CMS price negotiations. This legislative change is highly favorable for the future revenues of these drugs, shielding them from potential government-mandated price reductions that would have occurred under the original IRA provisions for multi-indication orphan drugs."
From Proplexity:"The legislative update confirms that Darzalex and Faspro will continue to be exempt from Medicare price negotiations under the new law, securing their revenue outlook for the foreseeable future"
From ChatGPT: "
biotechinvestor1
4 days ago
Darzalex (daratumumab) will benefit from the Orphan Cures Act and will not be subject to Medicare price negotiations under the Inflation Reduction Act (IRA) as long as all its approved uses are for rare (orphan) diseases.Here’s how the Orphan Cures Act (included in the Big Beautiful Bill being signed into law by Trump today) affects Darzalex: • Current Law (IRA): Only drugs with a single orphan indication are exempt from Medicare price negotiations. If a drug, like Darzalex, is approved for multiple rare diseases, it would lose that exemption under the original IRA rules. • Orphan Cures Act: The new law expands the exemption so that drugs with multiple orphan indications—but no non-orphan (common disease) indications—remain exempt from Medicare price negotiations. This is specifically designed to encourage companies to pursue additional rare disease indications without fear of losing revenue due to government price controls.Darzalex’s indications: • Darzalex is approved for multiple myeloma and light-chain (AL) amyloidosis, both of which are rare diseases with orphan drug designations. • It does not have any non-orphan indications.What this means: • Under the Orphan Cures Act, Darzalex will remain exempt from Medicare price negotiations for as long as its approved uses are limited to orphan indications. • If Darzalex were to receive approval for a non-orphan (common disease) indication in the future, it could lose this exemption.Additional context: • This change is intended to restore incentives for companies to research and develop additional orphan indications for drugs like Darzalex, which was a concern under the previous IRA framework.In summary:Darzalex will not be affected negatively by the Orphan Cures Act; in fact, it will benefit by remaining exempt from Medicare price negotiations as long as it is only approved for rare diseases.
Same goes for Opdivo, Vyvgart and most Enhnaze partnered drugs.
biotechinvestor1
1 week ago
From Perplexity after it reviewed PGR legal documents from Halozyme, Merck: “Halozyme presents the more compelling legal arguments, particularly on PGR eligibility and claim construction. Here’s a breakdown:1. PGR Eligibility (Threshold Issue) • Halozyme’s Argument:?Merck failed to prove the patent is PGR-eligible by analyzing only a 2011 priority date (provisional applications) instead of the critical 2012 non-provisional filing date. The ’731 Application (filed Dec. 28, 2012) predates the PGR cutoff (March 16, 2013), and Merck provided no evidence that the claims lack § 112 support as of this date. The panel ignored precedent (e.g., Merck v. Wyeth, Sandoz v. Biogen) where institutions were denied for similar errors.“Merck presented no evidence as to whether the claims were entitled to the 2012 priority date.” (Halozyme Request, p. 6-7). • Merck’s Response:?Claims the Petition analyzed all priority dates and that the ’731 Application lacks § 112 support. Asserts the Board addressed eligibility adequately.“The Petition did not limit its § 112 analysis to a pre-2011 date” (Merck Response, p. 1). • Assessment:?Halozyme prevails. PGR eligibility requires evaluating the correct priority date. Merck’s focus on 2011 undermines its burden, and the panel’s conclusion that the “effective filing date is no earlier than 2023” (DI, p. 36) overlooks the 2012 filing.2. Claim Construction (“Modified PH20 Polypeptide”) • Halozyme’s Argument:?The patent expressly defines the term structurally (Ex. 1001, 48:38–53), not functionally. The panel erred by importing a “hyaluronidase activity” requirement, contradicting Phillips v. AWH Corp. (Fed. Cir. 2005) and Alnylam v. IONIS (Fed. Cir. 2021). This error tainted the written description/enablement analysis.“The claims are purely structural … the panel’s decision runs counter to established Federal Circuit law” (Halozyme Request, p. 3). • Merck’s Response:?The claims inherently include “active mutants,” and the specification’s definition requires activity. Cites the patent’s language: “so long as the resulting modified PH20 polypeptide exhibits hyaluronidase activity” (DI, p. 14). • Assessment:?Halozyme prevails. The patent’s definition is unambiguous: structural changes define the term, while function is a separate attribute. The panel’s functional reading (DI, p. 13–16) disregards the specification’s plain language and Federal Circuit precedent.3. Discretionary Denial Under Fintiv • Halozyme’s Argument:?Parallel district court litigation (D.N.J., filed April 2025) involves 11 of 13 challenged patents, including PGR-ineligible patents. Granting institution wastes PTAB resources and creates inefficiency. No stay is likely without a Sotera stipulation.“The Fintiv factors weigh heavily in favor of denying institution” (Halozyme Request, p. 3–4). • Merck’s Response:?PGRs promote efficiency by resolving validity issues early. The court’s median time to trial (2030) allows the PTAB to rule first.“These PGRs will provide enormous efficiencies” (Merck Response, p. 4). • Assessment:?Halozyme is stronger. The district court will proceed regardless due to PGR-ineligible patents, risking duplicative efforts. Fintiv Factor 1 (overlap) and Factor 4 (timing) favor denial.ConclusionHalozyme’s arguments are more compelling: • PGR Eligibility: Merck’s failure to analyze the 2012 priority date is a critical flaw. • Claim Construction: The panel’s functional reading contradicts the patent’s explicit structural definition. • Fintiv: Parallel litigation involving non-PGR patents justifies discretionary denial.
Recommendation: Director Review should grant Halozyme’s request, vacate institution, and deny the PGR.
stockrafter
1 week ago
Latest news about Halozyme Therapeutics, Inc.
Halozyme Therapeutics, Inc.(NasdaqGS:HALO) added to Russell 1000 Index. 1h ago
Halozyme Therapeutics, Inc.(NasdaqGS:HALO) dropped from Russell 2000 Index 1h ago
Halozyme Therapeutics, Inc.(NasdaqGS:HALO) dropped from Russell 2000 Growth Index 11:40pm
Halozyme Therapeutics, Inc.(NasdaqGS:HALO) added to Russell Midcap Index 10:16pm
https://www.marketscreener.com/quote/stock/HALOZYME-THERAPEUTICS-INC-50245/news/Halozyme-Therapeutics-Inc-NasdaqGS-HALO-dropped-from-Russell-2000-Index-50367620/
biotechinvestor1
2 weeks ago
Reviewed Halozyme request for Director review and Merck’s reply. Comparison and ConclusionHalozyme’s Overall Case:Halozyme’s arguments are well-supported:- Fintiv Factors: Strong due to PGR-ineligible patents and no Sotera stipulation, creating inefficiency (NHK Spring), though weakened slightly by the litigation’s early stage.- PGR Eligibility: Very strong, as Merck’s 2011 focus is a clear error under Federal Circuit (Reiffin, Chiron, Ariad) and PTAB (Merck v. Wyeth, Sandoz) precedent, undermining jurisdiction.- Claim Construction: Very strong, supported by the patent’s explicit structural definition, “Inactive Mutants,” and Alnylam/Boehringer II, directly invalidating Merck’s § 112 grounds.
Merck’s Overall Case:Merck’s arguments are less persuasive:- Fintiv Factors: Credible in highlighting litigation’s early stage and PGR efficiency, but weakened by failure to address duplication risks from PGR-ineligible patents and no Sotera stipulation.- PGR Eligibility: Weak due to the documented 2011 focus (EX1003, EX1004), with the petition’s general priority chain analysis insufficiently specific to counter Halozyme’s precedent-driven argument.- Claim Construction: Weak, as it contradicts the patent’s clear definition and disclosures, and the Amgen argument lacks detailed support. Director precedent is less compelling than Halozyme’s textual and legal evidence.
Conclusion:Halozyme presents the more compelling legal argument. Its PGR eligibility and claim construction arguments are particularly strong, identifying clear PTAB errors supported by robust precedent and the patent’s text. The Fintiv argument, while strong, is slightly less decisive but still favors Halozyme due to inefficiency concerns. Merck’s responses rely on general assertions, Director precedent from related PGRs, and a questionable claim construction, but fail to overcome Halozyme’s specific evidence and legal grounding. Therefore, Halozyme’s legal arguments are more compelling in this dispute.