Today, Knobbe Martens Olson & Bear LLP, one of the largest intellectual property law firms in the United States, secured patent issuance from the U.S. Patent and Trademark Office on behalf of Trius Therapeutics for an antibiotic combination that may be capable of treating methicllin-resistant Staphylococcus aureus (MRSA), one of the most dangerous forms of staph. San Diego-based Trius Therapeutics received the patent for the therapeutic combination of a currently available antibiotic, Cubicin® (daptomycin), with its antibiotic, tedizolid phosphate. Studies indicate that the combination may prevent the development of certain strains of staph bacteria that commonly occur in people who have been in hospitals or other health care settings, such as nursing homes and dialysis centers.
Carolyn Favorito, Trius’ in-house patent counsel, said the speed with which the attorneys at Knobbe Martens were able to garner the patent was impressive. With the standard patent process often taking two to three years, Trius’ filing was granted in less than 10 months.
Joe Mallon, Knobbe Martens’ lead patent counsel for Trius, says the accelerated approval process was a result of utilizing a relatively new “Track One” program offered by the patent office. The innovative new program is designed for patents to move rapidly through the patent process, typically taking less than 12 months. Track One, which was initiated less than two years ago as part of the America Invents Act, provides patent applicants greater control over the timing of examination of their applications and thus, can potentially contribute to an invention reaching the market more quickly.
Mallon, who devotes much of his practice to strategic patent procurement for the medical device and pharmaceutical industries, says careful analysis needs to be done before determining if Track One is right for a particular patent application. He has handled a number of the Track One filings, and notes that the accelerated examination can be especially advantageous for pharmaceutical and medical device companies because it allows for faster patent certainty as well as defense against potential infringement.
“Using Track One for this patent was important to Trius on a variety of levels,” said Mallon. “Providing a new and effective drug to patients as quickly as possible was certainly at the top of the list.”
About Knobbe Martens:
With over 275 lawyers and scientists nationwide, Knobbe Martens Olson & Bear LLP dedicates its practice to all aspects of intellectual property law including litigation. Consistently ranked among the top intellectual property firms worldwide, Knobbe Martens serves a diverse group of clients from multinational corporations to emerging businesses of all stages. Headquartered in Orange County, California, Knobbe Martens also has offices in San Diego, Los Angeles, Riverside, San Francisco, Silicon Valley, Seattle and Washington, D.C. More information about the firm can be found at www.knobbe.com.
About Trius Therapeutics:
Trius Therapeutics, Inc. is a biopharmaceutical company focused on the discovery, development and commercialization of innovative antibiotics for serious infections. The Company’s lead investigational drug, tedizolid phosphate, is a novel antibiotic in Phase 3 clinical development for the treatment of serious gram-positive infections, including those caused by methicillin-resistant Staphylococcus aureus (MRSA). Trius has partnered with Bayer HealthCare for the development and commercialization of tedizolid phosphate outside of the U.S., Canada and the European Union. In addition to the Company’s tedizolid phosphate clinical program, Trius has initiated Investigational New Drug (IND) enabling studies for its Gyrase-B development candidate with potent activity against Gram-negative bacterial pathogens including multi-drug resistant strains of E. coli, Klebsiella, Acinetobacter and Pseudomonas. For more information, visit www.triusrx.com.
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