Last week, the Patent Trial and Appeal Board (“Board”) denied institution of four IPR petitions on biologics-related patents. First, the Board denied institution of IPR2017-01987 and IPR2017-01988, both filed by Sandoz Inc. These IPRs sought to challenge U.S. Patent Nos. 8,911,737 and 8,974,790, respectively, both owned by AbbVie Biotechnology Ltd., and titled “Methods of Administering Anti-TNFα Antibodies.” The Board had previously issued Final Written Decisions finding that the claims of a patent related to the challenged ‘737 and ‘790 patents, U.S. Patent No. 8,889,135, were unpatentable as obvious, as covered here and here.
In separate IPRs, the Board denied Coherus Biosciences, Inc.’s challenges to two patents owned by Hoffman-LaRoche, Inc, which are under exclusive license to Amgen. Specifically, the Board denied institution of IPR2017-01916, directed to U.S. Patent No. 8,163,522, titled “Human TNF Receptor”. The Board also denied institution of Coherus’s IPR2017-02066, directed to U.S Patent 8,063,182, titled Human TNF receptor fusion protein. The ‘522 and ‘182 Patents are currently at issue in Immunex Corp. v. Sandoz Inc. (2:16-cv-01118, D. N.J.), as covered here.