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.