AKEBIA THERAPEUTICS, INC. (NASDAQ:AKBA) Files An 8-K Other Events
Item 8.01.
Favorable Ruling on Invalidity Proceedings Against FibroGen, Inc. in the United Kingdom
As previously disclosed, on December 13, 2018 Akebia Therapeutics, Inc. (Akebia or the Company) and Akebias collaboration partner for its Phase 3 product candidate, vadadustat, Otsuka Pharmaceutical Co. Ltd. (Otsuka), filed Particulars of Claim in the Patents Court of the United Kingdom (the UK) to challenge the validity of FibroGen, Inc.s (Fibrogens) six hypoxia inducible factor-related patents in the UK: European Patent (UK) No. 1463823 (the 823 EP Patent (UK)), European Patent (UK) No. 1633333 (the 333 EP Patent (UK)), European Patent (UK) No. 2322153 (the 153 EP Patent (UK)), European Patent (UK) No. 2322155 (the 155 EP Patent (UK)), European Patent (UK) No. 2289531 (the 531 EP Patent (UK)), and European Patent (UK) No. 2298301 (the 301 EP Patent (UK)). Also as previously disclosed, in September 2019, Akebia and Otsuka filed an Amended Particulars of Claim to include FibroGens European Patent No. 1487472 (the 472 EP Patent (UK)), and on February 28, 2020, the parties agreed to dismiss the 472 EP Patent (UK) from the lawsuit.
A trial was conducted on March 2-19, 2020. On April 20, 2020, the Patents Court of the United Kingdom issued a judgment in favor of Akebia and Otsuka, which invalidated all of the claims at issue in each of the 823 EP Patent (UK), the 333 EP Patent (UK), the 153 EP Patent (UK), the 155 EP Patent (UK) and the 301 EP Patent (UK). The 531 EP Patent (UK) was amended to a single claim to recite one specific compound; this claim was held to be valid but not infringed by vadadustat.