MYLAN PHARMACEUTICALS INC. v. RESEARCH CORPORATION TECHNOLOGIES
- Feb 1 2019 |
- Category: CAFC Updates
Mylan Pharmaceuticals and others appeal the final written decision of the U.S. Patent and Trademark Office Patent Trial and Appeal Board in an inter partes review (IPR) concluding that certain claims of U.S. Reissue Patent 38,551 (owned by Research Corporation Technologies, Inc. and claiming compounds (“BAMP” or lacosamide) and compositions useful in the treatment of epilepsy) are not unpatentable. After finding that Appellants have standing because they fall within the zone of interests of §319 and are not barred from appellate review, the CAFC agrees with the PTAB that, applying a lead compound analysis, Appellants failed to meet their burden to establish a motivation to modify the lead compound based on an expectation from the prior art of reduction in potency and significant conformational changes. Accordingly, the CAFC affirms.