PTAB Life Sciences Report

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About the PTAB Life Sciences Report:  Each week we will report on recent developments at the PTAB involving life sciences patents.

Koios Pharmaceuticals LLC v. Medac Geselleschaft Fuer Klinische Spezial Praparate MBH

PTAB Petition:  IPR2016-01370; filed July 20, 2016

Patent at Issue:  U.S. Patent No. 8,664,231 ("Concentrated methotrexate solutions," issued March 4, 2014) claims a method for the treatment of inflammatory autoimmune diseases comprising subcutaneously administering a methotrexate in a pharmaceutically acceptable solvent at a concentration of more than 30 mg/ml.

Petitioner Koios Pharmaceuticals LLC is challenging the '231 patent on six grounds as being anticipated under 35 U.S.C. § 102(b) (grounds 1 and 4) or obviousness under 35 U.S.C. § 103(a) (grounds 2, 3, 5, and 6).  View the petition here.

Related Matters:  According to the petition, the '231 patent was involved in litigation in the District of New Jersey, captioned Medac Pharma Inc. v. Antares Pharma, Inc., 1:14-cv-1498; and in IPR2014-01091 (Antares Pharma, Inc. v. Medac Pharma Inc.; Petitioners Antares Pharm, Inc., Leo Pharma A/S, and Leo Pharma Inc.; filed on 07/01/2014; instituted on 01/06/2015; and terminated 04/30/2015 through settlement). The petition also indicates that the '231 patent is involved in IPR2016-00649 (Petitioner Frontier Therapeutics, LLC; filed on 02/22/2016; pending).

Par Pharmaceutical, Inc. v. Novartis AG

PTAB Petition:  IPR2016-01479; filed July 22, 2016

Patent at Issue:  U.S. Patent No. 9,006,224 ("Neuroendocrine tumor treatment," issued April 14, 2015) claims a device for collecting and assaying a sample of biological fluid.

Petitioner Par Pharmaceutical, Inc. is challenging the '224 patent on four grounds as being obviousness under 35 U.S.C. § 103(a) (grounds 1-4).  View the petition here.

Related Matters:  According to the petition, related matters include litigations in the District of Delaware, captioned Novartis Pharm. Corp. et al. v. Par Pharm., Inc., 1:14-cv-1289-RGA; Novartis Pharm. Corp. et al. v. Par Pharm., Inc., 1:14-cv-1494-RGA; Novartis Pharm. Corp. et al. v. Par Pharm., Inc., 1:15-cv-78-RGA; Novartis Pharm. Corp. et al. v. Par Pharm., Inc., 1:15-cv-475-RGA; and Novartis Pharm. Corp. et al. v. Par Pharm., Inc., 1:15-cv-1050-RGA; and in IPR2016-1461 (Roxane Labs., Inc. v. Novartis AG).  The petition also indicates that related matters include IPR2016-00084, -01023, -01059, -01102, and -01103 (inter partes review of U.S. Patent No. 5,665,772).

Alere Inc. v. Rembrandt Diagnostics, LP

PTAB Petition:  IPR2016-01498; filed July 27, 2016

Patent at Issue:  U.S. Patent No. 8,623,291 ("Multiple analyte assay device," issued January 7, 2014) claims a device for assaying a fluid for the presence or absence of different analytes and a method for detecting a multiplicity of analytes using such a device.

Petitioner Alere Inc. is challenging the '291 patent on nine grounds as being obviousness under 35 U.S.C. § 103(a) (grounds 1-9).  View the petition here.

Related Matters:  According to the petition, the '291 patent is involved in litigation in the Southern District of California, captioned Rembrandt Diagnostics, LP v. Alere Inc., et al., No. 3:16-cv-698-CAB-NLS.

Alere Inc. v. Rembrandt Diagnostics, LP

PTAB Petition:  IPR2016-01502; filed July 27, 2016

Patent at Issue:  U.S. Patent No. 6,548,019 ("Device and methods for single step collection and assaying of biological fluids," issued April 15, 2003) claims a device for collecting and assaying a sample of biological fluid.

Petitioner Alere Inc. is challenging the '019 patent on thirteen grounds as being anticipated under 35 U.S.C. § 102(b) (grounds 1 and 5) or obviousness under 35 U.S.C. § 103(a) (grounds 2-4 and 6-13).  View the petition here.

Related Matters:  According to the petition, the '019 patent is involved in litigation in the Southern District of California, captioned Rembrandt Diagnostics, LP v. Alere, Inc., et al., No. 3:16-cv-698-CAB-NLS.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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