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

Argentum Pharmaceuticals LLC. v. Alcon Research, Ltd.

PTAB Petition:  IPR2017-01053; filed March 10, 2017.

Patent at Issue:  U.S. Patent No. 8,268,299 ("Self preserved aqueous pharmaceutical compositions," issued May 1, 2012) claims a multi-dose, self-preserved ophthalmic composition, comprising: zinc ions at a concentration of 0.04 to 0.4 mM; and borate and polyol, the borate being present in the composition at a concentration of 0.1 to 2.0% w/v and the polyol being present in the composition at a concentration of 0.25 to 2.5% w/v, the polyol comprising propylene glycol in the composition at a concentration of 0.25 to 1.25% w/v and sorbitol in the composition at a concentration of 0.05 to 0.5% w/v; wherein: (i) the composition has a concentration of anionic species less than 15 mM; and (ii) the composition exhibits sufficient antimicrobial activity to allow the composition to satisfy USP 27 preservative efficacy requirements.

Petitioners Argentum Pharmaceuticals LLC; Intelligent Pharma Research LLC; APS GP LLC; APS GP Investors LLC; and KVK-Tech, Inc. are challenging the '299 patent on four grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '299 patent is involved in the following litigations:  Alcon Research Ltd. v. Mylan Pharmacuticals, Inc., 1:13-cv-01332 (D. Del.); Alcon Research Ltd. v.Wockhardt Ltd., 1:13-cv-02040 (D. Del.); Alcon Research Ltd. v. Micro Labs Ltd., 1:14-cv-00014 (D. Del.); Alcon Research Ltd. v. Watson Laboratories, Inc., 1:14-cv-00647 (D. Del.); Alcon Research Ltd. v. Akorn, Inc., 1:15-cv-00479 (D. Del.); and Alcon Research Ltd. v. Lupin Ltd., 1:15-cv-00621 (D. Del.); Apotex Corp. v. Alcon Research, Ltd.  According to the petition, the '299 patent was involved in inter partes review IPR2013-00428 (Apotex Corp.; filed 07/15/2013; instituted 01/02/2014; terminated through settlement 7/21/2014).

Argentum Pharmaceuticals LLC. v. Novartis AG.

PTAB Petition:  IPR2017-01063; filed March 10, 2017.

Patent at Issue:  U.S. Patent No. 9,006,224 ("Neuroendocrine tumor treatment," issued May 1, 2012) claims a method for treating pancreatic neuroendocrine tumors, comprising administering to a human subject in need thereof a therapeutically effective amount of 40-O-(2-hydroxyethyl)-rapamycin as a monotherapy and wherein the tumors are advanced tumors after failure of cytotoxic chemotherapy.

Petitioners Argentum Pharmaceuticals LLC; Intelligent Pharma Research LLC; APS GP LLC; APS GP Investors LLC; and KVK-Tech, Inc. are challenging the '224 patent on four grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '224 patent is involved in the following litigations:  Novartis Pharm. Corp. et al. v. Par Pharm., Inc., 1:14-cv-1289-RGA (D. Del.); Novartis Pharm. Corp. et al. v. Par Pharm., Inc., 1:14-cv-1494-RGA (D. Del.); Novartis Pharm. Corp. et al. v. Par Pharm., Inc., 1:15-cv-78-RGA (D. Del.); Novartis Pharm. Corp. et al. v. Par Pharm., Inc., 1:15-cv-475-RGA (D. Del.); Novartis Pharm. Corp. et al. v. Par Pharm., Inc., 1:15-cv-1050-RGA (D. Del.).  According to the petition, the '224 patent is involved in inter partes review Roxane Labs., Inc. v. Novartis AG, IPR2016-1461 (Roxane Laboratories, Inc.; filed 07/19/2016; institution denied 02/13/2017).

Abiomed, Inc. v. Maquet Cardiovascular, LLC

PTAB Petition:  IPR2017-01025; filed March 11, 2017.

Patent at Issue:  U.S. Patent No. 7,022,100 ("Guidable intravascular blood pump and related methods," issued April 4, 2006) claims an intravascular blood pump system comprising an intravascular blood pump having a cannula coupled thereto, the intravascular blood pump including a rotor and a guide mechanism adapted to guide the intravascular blood pump and cannula to a predetermined location within the circulatory system of a patient.

Petitioners Abiomed, Inc., Abiomed R&D, Inc., and Abiomed Europe GmbH are challenging the '100 patent on two grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '100 patent is the subject of a declaratory judgment action for non-infringement captioned Abiomed, Inc. v. Maquet Cardiovascular, LLC, 1-16-cv-10914 (MA.D.).  According to the petition, the Petitioners are concurrently filing inter partes reviews against two U.S. patents related to the '100 patent, U.S. Patent Nos. 8,888,728 (IPR2017-1026; Abiomed, Inc.; filed 03/11/2017; pending) and 9,327,068 (IPR2017-1028; Abiomed, Inc.; filed 03/11/2017; pending, and IPR2017-01029; Abiomed, Inc.; filed 03/11/2017; pending).

Abiomed, Inc. v. Maquet Cardiovascular, LLC

PTAB Petition:  IPR2017-01026; filed March 11, 2017.

Patent at Issue:  U.S. Patent No. 8,888,728 ("Guidable intravascular blood pump and related methods," issued November 18, 2014) claims an intravascular blood pump system comprising a rotor having a rotor hub tapering in the distal direction, at least one blade extending radially outward from the rotor hub, the hub has a distal end extending distally beyond the most distal portion of the blade and a shroud within which the rotor is rotatably disposed; a cannula extending from the shroud and comprising an outer cannula surface, the outer cannula surface having a substantially circular cross-section along a portion of its length; a first lumen in fluid communication with the intravascular blood pump and operatively arranged to deliver purge fluid to the intravascular blood pump; and a guide mechanism configured as a second lumen having a proximal end and a distal end, the guide mechanism adapted to guide a distal portion of said intravascular blood pump system to a predetermined location within the circulatory system of a patient.

Petitioners Abiomed, Inc., Abiomed R&D, Inc., and Abiomed Europe GmbH are challenging the '728 patent on three grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '728 patent is the subject of a declaratory judgment action for non-infringement captioned Abiomed, Inc. v. Maquet Cardiovascular, LLC, 1-16-cv-10914 (MA.D.).  According to the petition, the Petitioners are concurrently filing a second inter partes review against the '728 patent (IPR2017-1027; Abiomed, Inc.; filed 03/11/2017; pending) and inter partes reviews against two U.S. patents related to the '728 patent, U.S. Patent Nos. 7,022,100 (IPR2017-1025; Abiomed, Inc.; filed 03/11/2017; pending, and 9,327,068 IPR2017-1027; Abiomed, Inc.; filed 03/11/2017; pending).

Abiomed, Inc. v. Maquet Cardiovascular, LLC

PTAB Petition:  IPR2017-01027; filed March 11, 2017.

Patent at Issue:  U.S. Patent No. 8,888,728 ("Guidable intravascular blood pump and related methods," issued November 18, 2014) claims an intravascular blood pump system comprising a rotor having a rotor hub tapering in the distal direction, at least one blade extending radially outward from the rotor hub, the hub has a distal end extending distally beyond the most distal portion of the blade and a shroud within which the rotor is rotatably disposed; a cannula extending from the shroud and comprising an outer cannula surface, the outer cannula surface having a substantially circular cross-section along a portion of its length; a first lumen in fluid communication with the intravascular blood pump and operatively arranged to deliver purge fluid to the intravascular blood pump; and a guide mechanism configured as a second lumen having a proximal end and a distal end, the guide mechanism adapted to guide a distal portion of said intravascular blood pump system to a predetermined location within the circulatory system of a patient.

Petitioners Abiomed, Inc., Abiomed R&D, Inc., and Abiomed Europe GmbH are challenging the '728 patent on three grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '728 patent is the subject of a declaratory judgment action for non-infringement captioned Abiomed, Inc. v. Maquet Cardiovascular, LLC, 1-16-cv-10914 (MA.D.).  According to the petition, the Petitioners are concurrently filing a second inter partes review against the '728 patent (IPR2017-01026; Abiomed, Inc.; filed 03/11/2017; pending) and inter partes reviews against two U.S. patents related to the '728 patent, U.S. Patent Nos. 7,022,100 (IPR2017-01025; Abiomed, Inc.; filed 03/11/2017; pending) and 9,327,068 (IPR2017-01028; Abiomed, Inc.; filed 03/11/2017; pending, and IPR2017-01029; Abiomed, Inc.; filed 03/11/2017; pending).

Abiomed, Inc. v. Maquet Cardiovascular, LLC

PTAB Petition:  IPR2017-01028; filed March 11, 2017.

Patent at Issue:  U.S. Patent No. 9,327,068 ("Guidable intravascular blood pump and related methods," issued May 3, 2016) claims method for perfusing a patient with an intravascular blood pump system, the intravascular blood pump system.

Petitioners Abiomed, Inc., Abiomed R&D, Inc., and Abiomed Europe GmbH are challenging the '068 patent on three grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '068 patent is the subject of a declaratory judgment action for non-infringement captioned Abiomed, Inc. v. Maquet Cardiovascular, LLC, 1-16-cv-10914 (MA.D.).  According to the petition, the Petitioners are concurrently filing a second inter partes review against the '068 patent (IPR2017-1028; Abiomed, Inc.; filed 03/11/2017; pending) and inter partes reviews against two U.S. patents related to the '068 patent, U.S. Patent Nos. 7,022,100 (IPR2017-1025; Abiomed, Inc.; filed 03/11/2017; pending) and 8,888,728 (IPR2017-01026; Abiomed, Inc.; filed 03/11/2017; pending).

Abiomed, Inc. v. Maquet Cardiovascular, LLC

PTAB Petition:  IPR2017-01029; filed March 11, 2017.

Patent at Issue:  U.S. Patent No. 9,327,068 ("Guidable intravascular blood pump and related methods," issued May 3, 2016) claims method for perfusing a patient with an intravascular blood pump system, the intravascular blood pump system.

Petitioners Abiomed, Inc., Abiomed R&D, Inc., and Abiomed Europe GmbH are challenging the '068 patent on two grounds as obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '068 patent is the subject of a declaratory judgment action for non-infringement captioned Abiomed, Inc. v. Maquet Cardiovascular, LLC, 1-16-cv-10914 (MA.D.).  According to the petition, the Petitioners are concurrently filing a second inter partes review against the '068 patent (IPR2017-1028; Abiomed, Inc.; filed 03/11/2017; pending) and inter partes reviews against two U.S. patents related to the '068 patent, U.S. Patent Nos. 7,022,100 (IPR2017-1025; Abiomed, Inc.; filed 03/11/2017; pending) and 8,888,728 (IPR2017-01026; Abiomed, Inc.; filed 03/11/2017; pending).