PTAB institutes IPR against Pozen
Washington DC | 25 February 2016

The US Patent Trial and Appeal Board (PTAB) has granted the Coalition for Affordable Drugs’s petition to review the patent covering pharmaceutical company Pozen’s ulcer treatment.

The PTAB agreed to institute the hedge fund-backed coalition’s CAFC’s petition for an inter partes review (IPR) of Pozen’s patent on 23 February, holding that it could prevail in showing the contested claims to be unpatentable.

The coalition filed a petition for an IPR of 16 claims in Pozen’s patent concerning an ulcer treatment in August 2015.

Poxen’s patent discloses a formulation of immediate release esomerprazole and enteric-coated naproxen.

The coalition supplied prior art as evidence, which allegedly deems Pozen’s claims invalid.

Poxen contended that the cited prior art does not teach or suggest the final clause of the independent claims.

But the PTAB ruled: “We are persuaded that the petition establishes a reasonable likelihood that Petitioner would prevail in showing claims 1–16 of the ’621 patent are unpatentable under 35 USC § 103(a).”

“We emphasise, however, that we have not made a final determination with respect to the patentability of any claim.” added the PTAB.

Author: Tammy Facey

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