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

Illumina, Inc. v. Scripps Research Institute

PTAB Petition:  IPR2016-01619; filed August 15, 2016

Patent at Issue:  U.S. Patent No. 6,060,596 ("Encoded combinatorial chemical libraries," issued May 9, 2000) claims bifunctional molecules of formula A—B—C, where A is a polymer comprising a linear series of chemical units, B is a linker, and C is an identifier oligonucleotide comprising a linear series of unit identifier nucleotide sequences, each of which identifies a corresponding chemical unit in polymer A.  The patent also claims libraries of these bifunctional molecules.

Petitioner Illumina, Inc. is challenging the '596 patent on three grounds as being anticipated under 35 U.S.C. § 102(b) (ground 3) or obviousness under 35 U.S.C. § 103(a) (grounds 1 and 2).  View the petition here.

Related Matters:  According to the petition, the '596 patent is involved in litigation in the Southern District of California, captioned Scripps Research Institute v. Illumina, Inc., 3:16-cv-661-JLS-BGS.

Celltrion, Inc. v. Biogen, Inc

PTAB Petition:  IPR2016-01614; filed August 15, 2016

Patent at Issue:  U.S. Patent No. 7,820,161 ("Treatment of autoimmune diseases," issued October 26, 2010) claims methods of treating rheumatoid arthritis, an autoimmune disease, by administering more than one intravenous dose of rituximab (RITUXAN®) along with methotrexate.

Petitioner Celltrion, Inc is challenging the '161 patent on three grounds as being obviousness under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '161 patent was involved in IPR2015-00415 (Boehringer Ingelheim Pharmaceuticals, Inc. v. Biogen, Inc.; Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim International, GmbH; filed on 12/15/2014; instituted on 07/17/2015; and terminated 10/1/2015 through Petitioner Request for Adverse Judgment for Abandonment of the Contest under 37 C.F.R. § 42.73(b)(4)). The '161 patent was also involved in IPR2015-01744 (Celltrion, Inc. v. Biogen, Inc.; Petitioner Celltrion, Inc.; filed 08/17/2015; dismissed without prejudice 10/6/2015).

Bioeq IP AG v. Genentech, Inc.

PTAB Petition:  IPR2016-01608; filed August 16, 2016

Patent at Issue:  U.S. Patent No. 6,716,602 ("Metabolic rate shifts in fermentations expressing recombinant proteins," issued April 6, 2004) claims methods for increasing product yield of a properly-folded polypeptide of interest produced by recombinant host cells, where expression of the polypeptide by the host cells is regulated by an inducible system.

Petitioners bioeq IP AG, bioeq GmbH, Swiss Pharma International AG, and Santo Holding AG are challenging the '602 patent on four grounds as being anticipated under 35 U.S.C. § 102(b) (ground 1) or obviousness under 35 U.S.C. § 103(a) (grounds 2, 3, and 4).  View the petition here.

Related Matters:  There are no related matters identified.

Torrent Pharmaceuticals, Ltd. v. UCB Pharma GmbH

PTAB Petition:  IPR2016-01636; filed August 18, 2016

Patent at Issue:  U.S. Patent No. 6858650 ("Stable salts of novel derivatives of 3,3-diphenylpropylamines," issued February 22, 2005) claims describes derivatives of 3,3-diphenylpropylamines and salt forms.

Petitioner Torrent Pharmaceuticals, Ltd. is challenging the '650 patent on three grounds as being or obviousness under 35 U.S.C. § 103(a).  Petitioner Torrent Pharmaceuticals, Ltd. seeks joinder with IPR2016-00510 through its Motion for Joinder under 35 U.S.C. § 315(c), 37 C.F.R. §§ 42.22 and 42.122(b).  View the petition here.

Related Matters:  According to the petition, the '650 patent is involved in litigation in the District of Delaware, captioned Pfizer, Inc. and UCB Pharma GmbH v. Mylan Pharmaceuticals, Inc., No. 1:15-cv-00079-GMS; the Northern District of West Virginia, captioned Pfizer Inc. and UCB Pharma GmbH v. Mylan Pharmaceuticals Inc., No. 1:15-cv-00013-IMK; and in the District of Delaware, captioned Pfizer, Inc. and UCB Pharma GmbH v. Sandoz, Inc., et al., No. 1:13-cv-01110-GMS.  Petitioner Torrent Pharmaceuticals, Ltd. seeks joinder with IPR2016-00510 through a Motion for Joinder under 35 U.S.C. § 315(c), 37 C.F.R. §§ 42.22 and 42.122(b).  IPR2016-00510 (Mylan Pharmaceuticals Inc. v. UCB Pharma GmbH; Petitioners Mylan Pharmaceuticals Inc. and Mylan Laboratories Ltd.; filed 2/2/2016; instituted 7/20/2016).

Apotex, Inc. v. Alcon Research, Ltd.

PTAB Petition:  IPR2016-01640; filed August 18, 2016

Patent at Issue:  U.S. Patent No. 8,791,154 ("High concentration olopatadine ophthalmic composition," issued July 29, 2014) (listed in the Orange Book as covering Alcon's PAZEO® product, containing 0.7 w/v% olopatadine) claims ophthalmic compositions for treatment of allergic conjunctivitis that includes a relatively high concentration of olopatadine solubilized in aqueous solution.

Petitioners Apotex, Inc. and Apotex, Corp. are challenging the '154 patent on two grounds as being obviousness under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '154 patent is involved in litigation in the District of Delaware, captioned Alcon Research, Ltd. v. Watson Labs., 1-15-cv-01159; and in the District of Delaware, captioned Alcon Research, Ltd. v. Lupin Ltd. et al, 1-16-cv-00195.  Petitioners Apotex, Inc. and Apotex, Corp. seek joinder with IPR2016-00544 through a Motion for Joinder under 35 U.S.C. § 315(c), 37 C.F.R. §§ 42.22 and 42.122(b).  IPR2016-00544 (Argentum Pharmaceuticals LLC v. Alcon Research, Ltd.; Petitioners Argentum Pharmaceuticals LLC.; filed 2/2/2016; instituted 7/18/2016).