Life Sciences PHocus

PTAB Upholds Acorda’s Ampyra® Patents, Rejecting Challenges Based on the Inventors’ Own Work
On March 9, 2017, the Patent Trial and Appeal Board (“PTAB”) upheld four patents that claim inventions relating to Ampyra®, a novel treatment for multiple sclerosis patients developed by Acorda Therapeutics Inc. (“Acorda”).[1] The patents were subject to inter partes review (“IPR”) at the request of petitioner Coalition For Affordable Drugs (ADROCA), LLC (“CFAD”), an organization with close ties to hedge-fund manager Kyle Bass.
Federal Circuit’s Braintree Opinion Reverses Finding of No Inducement in View of Generic Drug Product Label
On May 5, 2017, the U.S. Court of Appeals for the Federal Circuit issued a non-precedential opinion reversing a decision of noninfringement under 35 U.S.C. § 271(e) by the U.S. District Court for the Southern District of New York. See Braintree Labs, Inc. v. Breckenridge Pharm., Inc., No. 2016-1731 (Fed. Cir. May 5, 2017) (“Braintree Opinion”). Click here for the opinion.
Five Takeaways from Combination Drug Treatment and Dissolution Range Patent Rulings in Orexigen v. Actavis
On October 13, 2017, Judge Richard G. Andrews of the District of Delaware issued a decision holding in favor of Orexigen Therapeutics, Inc. (“Orexigen”) in a Hatch-Waxman case against Actavis Laboratories FL, Inc. (“Actavis”) involving Orexigen’s weight-loss drug Contrave®.[1] Below, we discuss the background of the case and five of the key holdings from the decision that could impact litigation and prosecution strategy for pharmaceutical patents.
Aqua Products, Inc. v. Matal: Petitioners Bear the Burden of Establishing the Unpatentability of Amended Claims in IPR Proceedings
Upending the current motion-to-amend practice before the Patent Trial and Appeal Board (“the PTAB”), a deeply fractured en banc Federal Circuit in Aqua Products., Inc. v. Matal, No. 2015-1177 (Fed. Cir. Oct. 4, 2017), has shifted the burden of persuasion onto petitioners to establish the unpatentability of amended claims proffered by patent owners during inter partes review (“IPR”) proceedings. Under the PTAB’s current practice, patent owners have faced great difficulty in successfully amending claims in IPR proceedings. That may change in light of the Federal Circuit’s ruling in Aqua Products.