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

McKesson Corp. v. My Health, Inc.

PTAB Petition:  IPR2017-00312; filed November 29, 2016.

Patent at Issue:  U.S. Patent No. 6,612,985 ("Method and system for monitoring and treating a patient," issued September 2, 2003) claims a method for tracking compliance with treatment guidelines as well as a system for tracking compliance in treating patients comprising an assessment processing system.

Petitioners McKesson Corp., McKesson Technologies Inc., InTouch Technologies, Inc., and Medical Depot, Inc. are challenging the '985 patent on nine grounds as being anticipated under 35 U.S.C. § 102(b) (grounds 1, 6, and 8) or as obvious under 35 U.S.C. § 103(a) (grounds 2-5, 7, and 9).  View the petition here.

Related Matters:  According to the petition, the '985 patent is currently the subject of the following litigations:  My Health, Inc. v. McKesson Technologies Inc., 2:16-cv-00881, Eastern District of Texas (Marshall Division); My Health, Inc. v. InTouch Technologies, Inc., 2:16-cv-00536, Eastern District of Texas (Marshall Division); My Health, Inc. v. DeVilbiss Healthcare, LLC, 2:16-cv-00544, Eastern District of Texas (Marshall Division); My Health, Inc. v. MyNetDiary, Inc., 2:16-cv-00866, Eastern District of Texas (Marshall Division); My Health, Inc. v. ALR Technologies, Inc., 2:16-cv-00535, Eastern District of Texas (Marshall Division); Human Design Medical, LLC v. My Health, Inc., 1:16-cv-00767, District of Delaware; and Fit4D, Inc. v. My Health, Inc., 1:16-cv-01076, District of Delaware.  
The '985 patent has been the subject of four prior IPR petitions, all of which were terminated prior to a final written decision:  IPR2013-00320 (Cardiocom, LLC, filed 05/31/2013; granted 11/19/2013; terminated 02/20/2014); IPR2014-00435 (Click4Care, Inc., filed 02/14/2014; terminated 06/06/2014); IPR2015-00102 (Biotronik, Inc., filed 10/21/2014; granted 04/16/2015; terminated 07/28/2015); and IPR2015-01218 (Robert Bosch Healthcare Systems, Inc., filed 05/18/2015; terminated 07/28/2015; denied 05/23/2016), and IPR2016-01111 (Dr. Reddy's Laboratories, Ltd., filed 05/31/2016; pending).

Smith & Nephew, Inc. v. ConforMIS, Inc.

PTAB Petition:  IPR2017-00372; filed November 30, 2016.

Patent at Issue:  U.S. Patent No. 8,377,129 ("Joint arthroplasty devices and surgical tools," issued February 19, 2013) claims a patient-specific instrument system for surgery of a diseased or damaged knee joint of a patient.

Petitioner Smith & Nephew, Inc. is challenging the '129 patent on two grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '129 patent is currently the subject of the litigation:  ConforMIS, Inc. v. Smith & Nephew, Inc., 1:16-cv-10420-IT (D. Mass.).

Smith & Nephew, Inc. v. ConforMIS, Inc.

PTAB Petition:  IPR2017-00373; filed November 30, 2016.

Patent at Issue:  U.S. Patent No. 8,551,169 ("Joint arthroplasty devices and surgical tools," issued October 8, 2013) claims a method for making a patient specific surgical instrument for use in implanting an orthopedic implant in a patient.

Petitioner Smith & Nephew, Inc. is challenging the '169 patent on two grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '169 patent is currently the subject of the litigation:  ConforMIS, Inc. v. Smith & Nephew, Inc., 1:16-cv-10420-IT (D. Mass.).

Mylan Pharmaceuticals, Inc. v. Dr. Falk Pharma GmbH
Foxhill Capital Partners, LLC v. Dr. Falk Pharma GmbH

PTAB Petition:  IPR2016-01386; filed July 8, 2016.

PTAB Petition:  IPR2016-01409; filed July 16, 2016.

PTAB Trial Instituted Document filed November 30, 2016.

Patent at Issue:  U.S. Patent No. 8,865,688 ("Compositions and methods for treatment of bowel diseases with granulated mesalamine," issued October 21, 2014) claims methods of maintaining remission of ulcerative colitis with administration of granulated mesalamine.

Petitioners Mylan Pharmaceuticals, Inc. (IPR2016-01386) and Foxhill Capital (GP), LLC; Foxhill Capital Partners, LLC; Foxhill Opportunity Fund, LP; Laura Pollack Weiner; MycoNovo, Inc.; Neil Anthony Weiner; and William D Hare (IPR2016-01409) are challenging the '096 patent on four grounds as obvious under 35 U.S.C. § 103(a).  View the petitions here (IPR2016-01386) and here (IPR2016-01409).  Administrative Patent Judges Lora M. Green, Grace Karaffa Obermann, and Elizabeth M. Roesel (author) issued a decision instituting inter partes review of whether claims 1 and 16 of the '688 patent are unpatentable under 35 U.S.C. § 103(a) as obvious over the 2007 Press Release, Endonurse, and Davis-1985 in view of Marakhouski or Brunner.  The Judges also ordered that Case IPR2016-01386 and Case IPR2016-01409 be joined and administratively terminated under 37 C.F.R. § 42.72, and all further filings in the joined proceedings to be made in Case IPR2016-00297 (Petitioners, Generico, LLC and Flat Line Capital, LLC.; filed 12/08/2015; instituted 06/10/2016; pending).

Related Matters:  According to the petitions, the '688 patent is currently the subject of the following litigations:  Salix Pharmaceuticals, Inc. et al. v. Novel Laboratories, Inc., 1-15-cv-00027 (DED); Salix Pharmaceuticals, Inc. et al. v. Novel Laboratories, Inc., 1-15-cv-00213 (DED); and Salix Pharmaceuticals, Inc. et al. v. Mylan Pharmaceuticals Inc. et al., 1-15-cv-00109 (N.D.W.V.).

Luye Pharma Group Ltd. v. Alkermes Controlled Therapeutics, Inc.

PTAB Petition:  IPR2016-01096; filed May 31, 2016.

PTAB Trial Instituted Document filed November 30, 2016.

Patent at Issue:  U.S. Patent No. 6,667,061 ("Preparation of injectable suspensions having improved injectability," issued December 23, 2003) claims a composition suitable for injection through a needle into a host.

Petitioners Luye Pharma Group Ltd., Luye Pharma (USA) Ltd., Shandong Luye Pharaceutical Co., Ltd., and Nanjing Luye Pharmaceutical Co., Ltd. are challenging the '061 patent on two grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.  Administrative Patent Judges Lora M. Green (author), Robert A. Pollock, and Jacqueline T. Harlow issued a decision instituting inter partes review of whether claims 1-13, 22, and 23 of the '061 patent are rendered obvious by the combination of Johnson and Kino; and claims 1-3, 6-9, 12, 13, and 17-23 are rendered obvious by the combination of Gustafsson, Ramstack, and the Handbook.

Related Matters:  According to the petition, the Petitioner concurrently filed with IPR2016-01096 an additional petition for inter partes review of the '061 patent (IPR2016-01095).  The Judges decided the two petitions concurrently.  IPR2016-01095 was denied institution on all grounds.

Merck Sharp & Dohme Corp. v. Wyeth LLC

PTAB Petition:  IPR2017-00378; filed December 1, 2016.

Patent at Issue:  U.S. Patent No. 8,562,999 ("Formulations which stabilize and inhibit precipitation of immunogenic compositions," issued October 22, 2013) claims a formulation comprising: (i) a pH buffered saline solution, wherein the buffer has a pKa of about 3.5 to about 7.5, (ii) an aluminum salt and (iii) one or more polysaccharide-protein conjugates, wherein the formulation is comprised in a siliconized container means and inhibits aggregation induced by the siliconized container means.

Petitioners Merck Sharp & Dohme Corp., and Merck & Co., Inc are challenging the '999 patent ontwo grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, Petitioners concurrently filed two additional petitions for inter partes review of the '999 patent.  According to the petition, the '999 patent is not involved in any other related judicial or administrative matters.

Merck Sharp & Dohme Corp. v. Wyeth LLC

PTAB Petition:  IPR2017-00380; filed December 1, 2016.

Patent at Issue:  U.S. Patent No. 8,562,999 ("Formulations which stabilize and inhibit precipitation of immunogenic compositions," issued October 22, 2013) claims a formulation comprising: (i) a pH buffered saline solution, wherein the buffer has a pKa of about 3.5 to about 7.5, (ii) an aluminum salt and (iii) one or more polysaccharide-protein conjugates, wherein the formulation is comprised in a siliconized container means and inhibits aggregation induced by the siliconized container means.

Petitioners Merck Sharp & Dohme Corp., and Merck & Co., Inc are challenging the '999 patent on two grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, Petitioners concurrently filed two additional petitions for inter partes review of the '999 patent.  According to the petition, the '999 patent is not involved in any other related judicial or administrative matters.

Merck Sharp & Dohme Corp. v. Wyeth LLC

PTAB Petition:  IPR2017-00390; filed December 2, 2016.

Patent at Issue:  U.S. Patent No. 8,562,999 ("Formulations which stabilize and inhibit precipitation of immunogenic compositions," issued October 22, 2013) claims a formulation comprising: (i) a pH buffered saline solution, wherein the buffer has a pKa of about 3.5 to about 7.5, (ii) an aluminum salt and (iii) one or more polysaccharide-protein conjugates, wherein the formulation is comprised in a siliconized container means and inhibits aggregation induced by the siliconized container means.

Petitioners Merck Sharp & Dohme Corp., and Merck & Co., Inc are challenging the '999 patent on three grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, Petitioners concurrently filed two additional petitions for inter partes review of the '999 patent.  According to the petition, the '999 patent is not involved in any other related judicial or administrative matters.