Exelixis Announces Update on Patent Litigation with MSN Laboratories

ALAMEDA, Calif., January 19, 2023–(Enterprise WIRE)–Exelixis, Inc. (Nasdaq: EXEL) today introduced that in the lawsuit Exelixis, Inc. (Exelixis) v. MSN Laboratories Private Constrained et al. (MSN), Action No. 19-2017 (Consolidated), the U.S. District Courtroom for the District of Delaware ruled in Exelixis’ favor, rejecting MSN’s challenge to the cabozantinib compound patent (U.S. 7,579,473). The District Court’s choice follows an before Stipulation and Purchase of Oct 1, 2021, that MSN’s proposed generic cabozantinib solution (Abbreviated New Drug Application [ANDA] No. 213878) infringes the ’473 patent.

Additionally, the District Courtroom ruled that MSN’s proposed ANDA products does not infringe Exelixis’ N-2 polymorph patent (U.S. 8,877,776), which expires on October 8, 2030. The District Court’s choice does not handle the validity of the ’776 patent, which was not contested by MSN.

“We are happy the courtroom upheld the validity of Exelixis’ cabozantinib compound patent,” explained Jeffrey Hessekiel, J.D., Government Vice President, Common Counsel and Secretary, Exelixis. “Though we are disappointed with the court’s conclusion regarding infringement of the ’776 patent, we continue to be self-confident in the strength of the cabozantinib patent estate. We will carry on to vigorously defend our mental residence, safeguarding the scientific innovation that drives Exelixis’ ability to continue to find out, build and ultimately deliver new medications to individuals with challenging-to-address cancers.”

As a outcome of the ruling, Exelixis intends to request that the District Court docket get that the successful day of any probable U.S. regulatory approval of MSN’s generic merchandise, subject to any appeals or worries, would be no before than August 14, 2026, which is the expiration date of Exelixis’ ‘473 patent.

This ruling does not impact Exelixis’ separate and ongoing fit against MSN, Exelixis, Inc. vs. MSN Laboratories Non-public Limited et al., Civil Motion No. 22-00228 (Consolidated) (MSN II), about four unique Orange E book-listed patents linked to cabozantinib, together with U.S. Patents No. 11,091,439 (crystalline salt varieties) 11,091,440 (pharmaceutical compositions) 11,098,015 (methods of remedy) and 11,298,349 (pharmaceutical composition). MSN has previously stipulated to infringement of the ’439, ’440, and ’015 patents, which expire on January 15, 2030. The remaining ’349 patent expires on February 10, 2032. Demo in MSN II is scheduled to start out in October 2023 in the U.S. District Courtroom for the District of Delaware.

About Exelixis

Exelixis is a globally ambitious oncology enterprise innovating subsequent-era medications and regimens at the forefront of most cancers care. Driven by bi-coastal centers of discovery and development excellence, we are quickly evolving our item portfolio to goal an expanding selection of tumor types and indications with our clinically differentiated pipeline of tiny molecules, antibody drug conjugates and other biotherapeutics. This thorough approach harnesses a long time of strong financial investment in our science and partnerships to advance our investigational applications and increase the effect of our flagship business item, CABOMETYX® (cabozantinib). Exelixis is pushed by a daring scientific pursuit to create transformational remedies that give much more people hope for the long term. For data about the corporation and its mission to help most cancers individuals get better much better and are living longer, visit, observe @ExelixisInc on Twitter, like Exelixis, Inc. on Fb and comply with Exelixis on LinkedIn.

Ahead-Searching Statements

This push launch contains ahead-hunting statements, together with, with out limitation, statements associated to: Exelixis’ self-assurance in the toughness of the cabozantinib patent estate and strategies to go after each and every offered legal action to defend its intellectual property Exelixis’ ability to continue to discover, produce and eventually deliver new medicines to people with hard-to-deal with cancers the predicted program for the trial in MSN II Exelixis’ programs to ask for a distinct effective date from the District Court for any potential U.S. regulatory acceptance of MSN’s generic products and Exelixis’ strategies to reinvest in its small business to optimize the possible of the company’s pipeline, together with as a result of specific business enterprise advancement things to do and inner drug discovery. Any statements that refer to anticipations, projections or other characterizations of foreseeable future situations or situation are ahead-on the lookout statements and are dependent on Exelixis’ present-day options, assumptions, beliefs, anticipations, estimates and projections. Forward-wanting statements include threats and uncertainties. Real results and the timing of functions could differ materially from all those anticipated in the forward-searching statements as a outcome of these threats and uncertainties, which involve, with no limitation: Exelixis’ potential to safeguard its mental house rights the diploma of industry acceptance of CABOMETYX in the indications for which it is permitted and in the territories the place it is accredited, and Exelixis’ and its partners’ skill to acquire or preserve coverage and reimbursement for this item the efficiency of CABOMETYX in comparison to competing solutions market place competition, such as the opportunity for competition to attain acceptance for generic variations of CABOMETYX Exelixis’ and its partners’ means to manage and scale sufficient product sales, promoting, sector obtain and item distribution capabilities for its solutions or to enter into and preserve agreements with third events to do so Exelixis’ and its partners’ continuing compliance with applicable lawful and regulatory requirements Exelixis’ dependence on third-bash suppliers for the progress, manufacture and provide of its items and solution candidates adjustments in economic and enterprise situations, which include as a result of the COVID-19 pandemic and other world events and other variables reviewed below the caption “Possibility Things” in Exelixis’ Quarterly Report on Variety 10-Q submitted with the Securities and Exchange Fee (SEC) on November 1, 2022, and in Exelixis’ long term filings with the SEC. All ahead-searching statements in this push launch are based on info available to Exelixis as of the day of this press release, and Exelixis undertakes no obligation to update or revise any ahead-searching statements contained herein, other than as needed by regulation.

Exelixis, the Exelixis emblem and CABOMETYX are registered U.S. logos of Exelixis.

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Susan Hubbard
EVP, Public Affairs and
Trader Relations

Exelixis, Inc.
(650) 837-8194

Claire McConnaughey
Director, Community Affairs
Exelixis, Inc.

(650) 837-7052

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