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ARTICLE · 30 MAY 2019

Written Description In Provisional Application: Perdue Pharma L.P. v. Andrei Iancu.

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Amneal Pharmaceuticals, LLC. filed two petitions for inter partes review of claims 1–13 and 16–19 of U.S. Patent No. 9,034,376 of Purdue Pharma L.P., P.F. Laboratories, Inc. and Purdue Pharmaceuticals L.P.

United StatesIntellectual Property
Marina I. Miller
Marina I. Miller
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Amneal Pharmaceuticals, LLC. ("Amneal") filed two petitions for inter partes review of claims 1–13 and 16–19 of U.S. Patent No. 9,034,376 ("the '376 patent") of Purdue Pharma L.P., P.F. Laboratories, Inc. and Purdue Pharmaceuticals L.P. ("Purdue"). In the petitions, Amneal argued that claims 1–13 and 16–19 were unpatentable for obviousness over the combinations of multiple prior art references including US 2002/0187192 A1 ("Joshi"). The Patent Trial and Appeal Board ("the Board") granted the petitions on all grounds and found claims 1–13 and 16–19 of the '376 patent unpatentable as being obvious. Purdue appealed from the decisions of the Board. In the non-precedential decision in Perdue Pharma L.P. v. Iancu, the Federal Circuit ("the Court") agreed with the Board.

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