Recent IPR Updates

PTAB + IPR

The PTAB has been a busy place for biologics patents in the past few weeks.  Here are some of the highlights:

  • On August 29, Pfizer filed two petitions for IPR of Genentech’s U.S. patents related to formulations of Herceptin® (trastuzumab):  IPR2017-02019 on U.S. Patent 6,339,142 and IPR2017-02020 on U.S. Patent 9,249,218.
  • On August 29, Pfizer filed a petition for IPR (IPR2017-01923) of Genentech’s U.S. Patent 7,976,838, directed to methods of treating rheumatoid arthritis with rituximab.  On August 31, Sandoz filed two petitions for IPR of that same patent:  IPR2017-02036 and IPR2017-02042.  The ‘838 patent was previously at issue in an IPR filed by Boehringer Ingelheim, which was terminated following request by the parties, and in another IPR filed by Celltrion which was denied institution.
  • On August 31, Boehringer Ingelheim filed three petitions for IPR on Genentech patents:  IPR2017-02029 on U.S. Patent 6,870,034, directed to methods of purifying antibodies; and IPR2017-02032 and IPR2017-02031, both on U.S. Patent 6,407,213, directed to humanized antibodies with specified sequences.  The ‘213 patent was challenged by Mylan in two IPRs that were terminated prior to institution, and is at issue in two IPRs filed by Celltrion and two IPRs filed by Pfizer, all of which are currently pending.
  • On September 6, Pfizer filed a petition for IPR (IPR2017-02063) of Genentech’s U.S. Patent 7,846,441, directed to methods of treating breast cancer with Herceptin® (trastuzumab), along with a motion for joinder with Celltrion’s IPR2017-01121.
  • On September 7, Coherus filed a petition for IPR of Hoffman-LaRoche’s U.S. Patent 8,063,182, directed to fusion proteins.  The proceeding has been assigned the number IPR2017-02066.  The petition references etanercept as a product relevant to the claims.
  • On September 7, the Board denied institution on four petitions that Coherus had filed on AbbVie patents related to Humira® (adalimumab): IPR2017-00823, IPR2017-00822, IPR2017-01008, and IPR2017-01009, all on U.S. Patent 9,085,619.
  • On September 11, the PTAB entered an adverse judgment against Genentech in Celltrion’s IPR2017-00959, on U.S. Patent 8,591,897, pursuant to request by Genentech.  The Board cancelled claims 1-13 of that patent.
  • On September 14, 2017, Sandoz filed two petitions for IPR of AbbVie’s patents directed to methods of treating plaque psoriasis with Humira® (adalimumab):  IPR2017-02106 on U.S. Patent 9,067,992, and IPR2017- 02105 on U.S. Patent 9,090,689.

These documents and others related to IPRs on biologics patents are posted on our IPR tracker page.

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