• Jan 11 2019
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  • Category: CAFC Updates

Amerigen appeals from the decision of the PTAB in an inter partes review holding that certain claims of U.S. Patent No. 6,858,650 are not unpatentable as obvious. The ‘650 Patent covers certain chemical derivatives of 3,3-diphenylpropylamines, including a compound called fesoterodine, an antimuscarinic drug marketed as Toviaz® to treat urinary incontinence. Mylan petitioned for IPR of the ’650 patent, and the Board instituted the IPR on two grounds of obviousness. After institution, Amerigen and two other companies were joined as parties to the proceeding. The CAFC determines that Amerigen has standing to appeal from the Board’s decision because the launch of its tentatively approved drug is blocked by the ’650 patent, and invalidation of the patent would advance its drug’s launch. The CAFC also concludes that the Board did not err in its conclusion that the petitioners neither established a general motivation to make a 5-HMT prodrug nor proved that the specific claimed modifications would have been obvious.  Accordingly, the CAFC affirms.

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