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ARTICLE · 10 FEBRUARY 2015

Pharmaceutical Patent Score A Win

The petitioner challenged the patentability of several claims found in three separate, but related, patents.

United StatesIntellectual Property

Amneal Pharms., LLC v. Supernus Pharms., Inc.

In three separate but related final written decisions in the first successful defense of a pharmaceutical patent in an inter partes review (IPR), the U.S. Patent and Trademark Office's (PTO) Patent Trial and Appeal Board (PTAB or Board) found that the petitioner had failed to prove by a preponderance of the evidence that the challenged claims were unpatentable for obviousness. Amneal Pharms., LLC v. Supernus Pharms., Inc., Case Nos. IPR2013-00372, -00368, and -00371 (PTAB, Dec. 9, 2014) (Kamholz, APJ).

The petitioner challenged the patentability of several claims found in three separate, but related, patents. The three patents relate generally to pharmaceutical formulations that may be used to inhibit the activity of collagen destruction enzymes that are associated with human diseases, such as rosacea, without producing the undesired side effects of competing treatments.

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