Decision: ModernaTX, Inc. v. Curevac
AG, IPR2017-02194, Paper 45 (P.T.A.B. April 16, 2019) (SAWERT,
Moore, Mitchell)
Holding: The PTAB determined that Petitioner
showed by a preponderance of the evidence that claims 1-26 of U.S.
8,383,340 would have been unpatentable as obvious.
Background: Initially the PTAB instituted trial
on the asserted obviousness grounds but denied the anticipation
ground. After SAS, the PTAB modified its institution
decision to include the anticipation ground.
Claim 1 is the only independent
claim and reads:
1. A method for purifying RNA on a
preparative scale, wherein the RNA is purified by HPLC or low or
normal pressure liquid chromatography using a porous reversed phase
as stationary phase and a mobile phase, wherein the porous reversed
phase is a porous non-alkylated polystyrenedivinylbenzene.
