About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents.
Smith & Nephew, Inc. v. ConforMIS, Inc.
PTAB Petition: IPR2017-00778; filed January 26, 2017.
Patent at Issue: U.S. Patent No. 8,062,302 ("Surgical tools for arthroplasty," issued November 22, 2011) claims patient-specific surgical tool for use in surgically repairing a joint of a patient.
Petitioner Smith & Nephew, Inc. is challenging the '302 patent on three grounds as obvious under 35 U.S.C. § 103(a). View the petition here.
Related Matters: According to the petition, the '302 patent is the subject of litigation in ConforMIS, Inc. v. Smith & Nephew, Inc., No. 1:16-cv-10420-IT (D. Mass.). Petitioner is concurrently filing two additional petitions for inter partes review of the '302 patent (IPR2017-00779 and IPR2017-00780). Also, Petitioner filed petitions requesting inter partes review of related ConforMIS patents: U.S. Patent Nos. 9,055,953 (IPR2016-01874; filed 09/21/2016; pending); 9,216,025 (IPR2017-00115; filed 10/20/2016; pending) and (IPR2017-00307; filed 11/21/2016; pending); 8,377,129 (IPR2017-00372; filed 11/30/2016; pending); 8,551,169 (IPR2017-00373; filed 11/30/2016; pending); 9,295,482 (IPR2017-00487; filed 12/14/2016; pending) and (IPR2017-00488; filed 12/14/2016; pending); 7,981,158 (IPR2017-00510; filed 12/20/2016; pending) and (IPR2017-00511; filed 12/20/2016; pending); and 7,534,263 (IPR2017-00544; filed 12/27/2016; pending) and (IPR2017-00545; filed 12/27/2016; pending).
Smith & Nephew, Inc. v. ConforMIS, Inc.
PTAB Petition: IPR2017-00779; filed January 26, 2017.
Patent at Issue: U.S. Patent No. 8,062,302 ("Surgical tools for arthroplasty," issued November 22, 2011) claims patient-specific surgical tool for use in surgically repairing a joint of a patient.
Petitioner Smith & Nephew, Inc. is challenging the '302 patent on three grounds as obvious under 35 U.S.C. § 103(a). View the petition here.
Related Matters: According to the petition, the '302 patent is the subject of litigation in ConforMIS, Inc. v. Smith & Nephew, Inc., No. 1:16-cv-10420-IT (D. Mass.). Petitioner is concurrently filing two additional petitions for inter partes review of the '302 patent (IPR2017-00778 and IPR2017-00780). Also, Petitioner filed petitions requesting inter partes review of related ConforMIS patents: U.S. Patent Nos. 9,055,953 (IPR2016-01874; filed 09/21/2016; pending); 9,216,025 (IPR2017-00115; filed 10/20/2016; pending) and (IPR2017-00307; filed 11/21/2016; pending); 8,377,129 (IPR2017-00372; filed 11/30/2016; pending); 8,551,169 (IPR2017-00373; filed 11/30/2016; pending); 9,295,482 (IPR2017-00487; filed 12/14/2016; pending) and (IPR2017-00488; filed 12/14/2016; pending); 7,981,158 (IPR2017-00510; filed 12/20/2016; pending) and (IPR2017-00511; filed 12/20/2016; pending); and 7,534,263 (IPR2017-00544; filed 12/27/2016; pending) and (IPR2017-00545; filed 12/27/2016; pending).
Smith & Nephew, Inc. v. ConforMIS, Inc.
PTAB Petition: IPR2017-00780; filed January 26, 2017.
Patent at Issue: U.S. Patent No. 8,062,302 ("Surgical tools for arthroplasty," issued November 22, 2011) claims patient-specific surgical tool for use in surgically repairing a joint of a patient.
Petitioner Smith & Nephew, Inc. is challenging the '302 patent on two grounds as obvious under 35 U.S.C. § 103(a). View the petition here.
Related Matters: According to the petition, the '302 patent is the subject of litigation in ConforMIS, Inc. v. Smith & Nephew, Inc., No. 1:16-cv-10420-IT (D. Mass.). Petitioner is concurrently filing two additional petitions for inter partes review of the '302 patent (IPR2017-00778 and IPR2017-00779). Also, Petitioner filed petitions requesting inter partes review of related ConforMIS patents: U.S. Patent Nos. 9,055,953 (IPR2016-01874; filed 09/21/2016; pending); 9,216,025 (IPR2017-00115; filed 10/20/2016; pending) and (IPR2017-00307; filed 11/21/2016; pending); 8,377,129 (IPR2017-00372; filed 11/30/2016; pending); 8,551,169 (IPR2017-00373; filed 11/30/2016; pending); 9,295,482 (IPR2017-00487; filed 12/14/2016; pending) and (IPR2017-00488; filed 12/14/2016; pending); 7,981,158 (IPR2017-00510; filed 12/20/2016; pending) and (IPR2017-00511; filed 12/20/2016; pending); and 7,534,263 (IPR2017-00544; filed 12/27/2016; pending) and (IPR2017-00545; filed 12/27/2016; pending).
Hospira, Inc. v. Genentech, Inc.
PTAB Petition: IPR2017-00804; filed January 30, 2017.
Patent at Issue: U.S. Patent No. 6,627,196 ("Dosages for treatment with anti-ErbB2 antibodies," issued September 30, 2003) claims a method for the treatment of a human patient diagnosed with cancer characterized by overexpression of ErbB2 receptor, comprising administering an effective amount of an anti-ErbB2 antibody to the human patient, the method comprising: administering to the patient an initial dose of at least approximately 5 mg/kg of the anti-ErbB2 antibody; and administering to the patient a plurality of subsequent doses of the antibody in an amount that is approximately the same or less than the initial dose, wherein the subsequent doses are separated in time from each other by at least two weeks.
Petitioners Hospira, Inc. and Pfizer Inc. are challenging the '196 patent on one ground as obvious under 35 U.S.C. § 103(a). View the petition here.
Related Matters: According to the petition, Petitioner concurrently filed a petition for inter partes review of U.S. Patent No. 7,371,379. According to the petition, the '196 patent is not involved in any other related judicial or administrative matters.
Hospira, Inc. v. Genentech, Inc.
PTAB Petition: IPR2017-00805; filed January 30, 2017.
Patent at Issue: U.S. Patent No. 7,371,379 ("Dosages for treatment with anti-ErbB2 antibodies," issued May 13, 2008) claims a method for the treatment of a human patient diagnosed with cancer characterized by overexpression of ErbB2 receptor, comprising administering an effective amount of an anti-ErbB2 antibody to the human patient, the method comprising: administering to the patient an initial dose of at least approximately 5 mg/kg of the anti-ErbB2 antibody; and administering to the patient a plurality of subsequent doses of the antibody in an amount that is approximately the same or less than the initial dose, wherein the subsequent doses are separated in time from each other by at least two weeks; and further comprising administering an effective amount of a chemotherapeutic agent to the patient.
Petitioners Hospira, Inc. and Pfizer Inc. are challenging the '379 patent on one ground as obvious under 35 U.S.C. § 103(a). View the petition here.
Related Matters: According to the petition, Petitioner concurrently filed a petition for inter partes review of U.S. Patent No. 6,627,196. According to the petition, the '379 patent is not involved in any other related judicial or administrative matters.
Obalon Therapeutics, Inc. v. Polyzen, Inc.
PTAB Petition: IPR2017-00812; filed January 30, 2017.
Patent at Issue: U.S. Patent No. 7,682,306 ("Therapeutic intervention systems employing implantable balloon devices," issued March 23, 2010) claims a method of therapeutic intervention for treatment of a patient in need of such treatment, said method comprising introducing to a physiological locus of said patient a balloon formed from two vacuum thermoformed half-sections of a multilayer film comprising a layer of sealing film and at least one layer of thermoplastic polymer.
Petitioner Obalon Therapeutics, Inc. is challenging the '306 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 a petition for inter partes review of related U.S. Patent Nos. Nos. 6,712,832 (filed 03/03/2017) and 7,883,491. According to the petition, the '306 patent is not involved in any other related judicial or administrative matters.
Obalon Therapeutics, Inc. v. Polyzen, Inc.
PTAB Petition: IPR2017-00813; filed January 30, 2017.
Patent at Issue: U.S. Patent No. 7,883,491 ("Extrusion laminate polymeric film article and gastric occlusive device comprising same," issued February 8, 2011) claims a gastric occlusive device comprising a layer of sealing film and at least one layer of thermoplastic polymer.
Petitioner Obalon Therapeutics, Inc. is challenging the '491 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 a petition for inter partes review of related U.S. Patent Nos. Nos. 6,712,832 (filed 03/03/2017) and 7,682,306. According to the petition, the '491 patent is not involved in any other related judicial or administrative matters.
Mylan Pharmaceuticals, Inc. v. Boehringer Ingelheim International GmbH
PTAB Petition: IPR2016-01564; filed July 8, 2016.
PTAB Trial Instituted; filed January 31, 2017.
Patent at Issue: U.S. Patent No. 8,846,695 ("Treatment for diabetes in patients with inadequate glycemic control despite metformin therapy comprising a DPP-IV inhibitor," issued September 30, 2014) claims a method for treating type 2 diabetes mellitus in a patient with inadequate glycemic control despite therapy with metformin comprising orally administering 1-[(4-methyl-quinazolin-2-yl)methyl]-3-methyl-7-(2-butyn-1-yl)-8-(3-(R)-a- mino-piperidin-1-yl)-xanthine to the patient in combination with metformin.
Petitioners Mylan Pharmaceuticals, Inc., Mylan Laboratories Ltd., Mylan Inc., and Mylan N.V. are challenging the '695 patent on two grounds as obvious under 35 U.S.C. § 103(a). View the petition here. Administrative Patent Judges Toni R. Scheiner, Brian P. Murphy, and Zhenyu Yang (author) issued a decision instituting inter partes review of claims 1–4 as obvious under 35 U.S.C. § 103(a) over Charbonnel or Hughes in view of the '940 Publication; and claims 1–4 as obvious under 35 U.S.C. § 103(a) over Nauck or Ahrén 2008 in view of the '940 Publication.
Related Matters: According to the petition, the '695 patent is the subject of litigation in Boehringer Ingelheim Pharmaceuticals Inc., et al. v. HEC Pharm Group, et al., No. 3:15-cv-05982-PGS-TJB (D.N.J.).
