PTAB Issues Additional Final Written Decisions Finding AbbVie’s Humira Patent Unpatentable

On July 6, 2017, the PTAB issued two additional Final Written Decisions finding AbbVie’s U.S. Patent 8,889,135 (“the ‘135 patent”) unpatentable as obvious over the prior art.  The Final Written Decisions were issued in IPR2016-00408 and IPR2016-00409, both filed by Boehringer Ingelheim.  As we reported here, the ‘135 patent had previously been found unpatentable as obvious in IPR2016-00172, filed by Coherus.  In each of the Final Written Decisions relating to the ‘135 patent, the PTAB relied on different combinations of prior art as the basis for finding obviousness.