Mizuho Sees Relief For This Small-Cap Stock After Patent Legal Overhang Lifted

  • The US Patent Trial and Appeal Board (PTAB) issued a final written decision in favor of Concert Pharmaceuticals Inc CNCE regarding the post-grant review (PGR) for the '659 method-of-use patent. 
  • The '659 patent claims methods of treating hair loss, including alopecia areata with certain doses of CTP-543, a deuterated form of ruxolitinib, JAK 1/2 inhibitor, being marketed by Incyte Corporation INCY.
  • The patent expires in 2037.
  • PTAB upholds all of the challenged claims of the '659 patent, concluding that Incyte failed to demonstrate by a preponderance of the evidence that the challenged claims of the '659 patent were not patentable. 
  • Mizuho says the favorable ruling should provide relief for investors and some support behind CNCE shares.
  • The analysts reiterated the price target to $9 with a Buy rating.
  • Separate from the PGR relating to the '659 patent, the interference proceedings regarding the '149 patent are continuing.
  • The analysts continue to assume a settlement can be reached between Concert and Incyte, especially given that Concert secured a favorable ruling on the '659 patent.
  • They believe Concert could pay Incyte a reasonable royalty (currently model ~10% of net sales) to launch and commercialize CTP-543.
  • Price Action: CNCE shares are up 10.7% at $3.82 during the market session on the last check Friday.
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