On October 27, 2016, the PTAB issued four final written decisions invalidating claims of U.S. Patent No. 6,045,501 (“the ’501 Patent”) and U.S. Patent No. 6,315,720 (“the ’720 Patent”), covering Celgene’s Pomalyst® and Revlimid®. Those drugs are prescribed to treat multiple myeloma, which is a form of cancer that effects plasma cells typically found in bone marrow. In 2015, Celgene had sales of $5.8 billion for Revlimid®, and $983 million for Pomalyst. Both drugs are known to cause serious birth defects if taken while pregnant.
On October 21, 2016, the PTAB issued two final written decisions invalidating claims of U.S. Patent No. 7,056,886 (“the ’886 patent”), covering Shire’s drug Gattex® which were challenged by Kyle Bass last year.
In 2014, The Patent Trial and Appeal Board (PTAB) had a record breaking year in terms of activity, surpassing the second most active court by 16%. While the PTAB and district courts continue to see a decrease in filings overall, Q3 statistics show that the PTAB is once again the most favored forum for US patent validity challenges, and is currently on track to hold this title through the end of 2016.
On October 5, the PTAB ruled against Petitioner Coalition for Affordable Drugs II LLC, an organization formed by hedge fund manager Kyle Bass, holding that the petitioner had not shown by a preponderance of the evidence that claims 1-4 of U.S. Patent No. 6,773,720 (“the ’720 patent”)are unpatentable for obviousness.
Fish’s Dorothy Whelan Will Present at ILT-CAIL Doubleheader PTAB Bench-Bar Program on October 18, 2016October 5, 2016
Fish Principal and Post-Grant Practice co-chair Dorothy Whelan (Twin Cities), will be a panelist at the Institute for Law and Technology of the Center for American and International Law’s Doubleheader PTAB Bench-Bar program in Plano, Texas starting on Tuesday, October 18.