JAZZ PHARMACEUTICALS, INC. V. AMNEAL PHARMACEUTICALS, LLC
- Jul 18 2018 |
- Category: CAFC Updates
Jazz Pharmaceuticals, Inc. appeals from six IPR decisions of the PTAB. Collectively, the decisions held certain claims of Jazz’s Patents relating to a drug distribution system for tracking prescriptions of a “sensitive drug” (e.g., Xyrem®) invalid as obvious. Finding that background material, meeting minutes, transcript, and slides from the FDA advisory committee meeting during the regulatory review process for Xyrem® were publicly accessible to persons of ordinary skill exercising reasonable diligence before the critical date of the patents, the CAFC concludes that the PTAB did not err in its conclusions of obviousness and affirms.