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ARTICLE · 20 FEBRUARY 2024

Petitioners Fail On Inherency But Prevail On Obviousness

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Petitioner, Celltrion, Inc., filed IPRs challenging each claim of U.S. Patent No. 8,580,264 ("the '264 patent") and U.S. Patent No. 10,874,677 ("the '677 patent") as anticipated...

United StatesIntellectual Property
Safiya Aguilar
Safiya Aguilar
Justin J. Hasford
Justin J. Hasford
Amanda Murphy
Amanda Murphy
Stacy Lewis
Stacy Lewis
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Overview

Petitioner, Celltrion, Inc., filed IPRs challenging each claim of U.S. Patent No. 8,580,264 ("the '264 patent") and U.S. Patent No. 10,874,677 ("the '677 patent") as anticipated under 35 U.S.C. § 102 and obvious under 35 U.S.C. § 103. IPR2022-00578, Paper 78 at *6, IPR2002-00579, Paper 72 at *5.

The Patent Trial and Appeal Board ("the Board") found all claims of the challenged patents covering methods and devices for treating rheumatoid arthritis unpatentable.

The '264 Patent

Background

The '264 patent is directed to a method of treating rheumatoid arthritis (RA) with an anti-IL-6 receptor (IL-6R) antibody. IPR2022-00578, Paper 78 at *4. Claims 1, 10, and 12 are independent. Claims 1 and 10 recite, in relevant part:

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