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ARTICLE · 04 DECEMBER 2021

Patent Owner Loses Everything At PTAB

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Mati Therapeutics, Inc. v. Ocular Therapeutix, Inc., the Federal Circuit issued a Rule 36 opinion affirming the Patent Trial and Appeal Board's ("PTAB's") Final Written Decision ("FWD") holding all challenged claims unpatentable.

United StatesIntellectual Property
Paul W. Browning
Paul W. Browning
Emma N. Ng
Emma N. Ng
Stacy Lewis
Stacy Lewis
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Holding

In Mati Therapeutics, Inc. v. Ocular Therapeutix, Inc., the Federal Circuit issued a Rule 36 opinion affirming the Patent Trial and Appeal Board's ("PTAB's") Final Written Decision ("FWD") holding all challenged claims unpatentable. Ocular Therapeutix, Inc. v. Mati Therapeutics, Inc., IPR2019-00448, Paper 56 (P.T.A.B. June 18, 2020), aff'd (Fed. Cir. Nov. 8, 2021).

Background

Ocular Therapeutix petitioned for IPR of certain claims of Mati Therapeutics' patent. Independent claim 1 reads:

  1. A drug delivery system for insertion into a lacrimal canaliculus of a patient, comprising:

a therapeutic agent, a distinguishing color to show placement of the system in the lacrimal canaliculus of the patient and a body of material to hold the therapeutic agent wherein the body of material comprises hydrogel polymers and wherein the body of material is a cylindrical rod.

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