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ARTICLE · 02 NOVEMBER 2016

Biogen TYSABRI Patents Spared Inter Partes Review

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The USPTO Patent Trial and Appeals Board declined to institute Inter Partes Review proceedings against three Biogen Idec TYSABRI patents.

United StatesIntellectual Property
Jason Mock
Jason Mock
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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The USPTO Patent Trial and Appeals Board (PTAB) declined to institute Inter Partes Review (IPR) proceedings against three Biogen Idec TYSABRI patents. The IPR petitions were filed by Swiss Pharma International, and asserted obviousness based on references that disclosed antibody formulations similar to those claimed in the Biogen patents, but did not teach the high antibody concentration recited in Biogen's claims. While Swiss argued that the claimed concentration range represented "nothing more than routine optimization of a result effective variable," the PTAB disagreed. Instead, the PTAB denied institution because Swiss failed to establish a motivation to increase the antibody concentration in prior art formulations and a reasonable expectation of success in doing so.

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