Akebia successfully challenges European patent

Client(s) Akebia Therapeutics, Inc.

Jones Day represented Akebia Therapeutics, Inc. in successfully challenging the validity of European Patent No. EP1463823 issued to FibroGen, Inc. in opposition proceedings before the European Patent Office ("EPO"). Akebia is a biopharmaceutical company focused on delivering innovative therapies to patients with kidney disease through the biology of hypoxia-inducible factor (HIF). FibroGen's patent claimed, among other things, the use of a heterocyclic carboxamide compound selected from the group consisting of pyridine carboxamides, quinoline carboxamides, isoquinoline carboxamides, cinnoline carboxamides, and beta-carboline carboxamides that inhibits HIF-PH enzyme activity in the manufacture of a medicament for increasing endogenous erythropoietin in the prevention, pretreatment or treatment of anemia. Following two days of oral hearing, the Opposition Division of the EPO ruled that the patent as granted did not meet the requirements for patentability under the European Patent Convention and, therefore, revoked the patent in its entirety. Following FibroGen's withdrawal of its appeal, the patent was permanently revoked.