Rituximab and Adalimumab IPR Updates

On November 11, 2017, Pfizer, Inc. filed a petition for inter partes review (IPR) of Biogen and Genentech’s US Patent No. 8,545,843, which relates to a method of treating vasculitis with rituximab.  (IPR2018-00086.)  On May 31, 2018, the PTAB denied institution of this IPR.

Separately, on June 4, 2018, Pfizer filed an unopposed motion to terminate IPR2018-00231, which concerns US Patent No. 9,504,744.  The ‘744 patent relates to treating certain patients with diffuse large cell lymphoma using an anti-CD20 antibody and chemotherapy.  According to the motion, the ‘744 patent is related to US Patent 8,557,244, and the Board previously denied Pfizer’s IPR2017-01167, which was directed to the ‘244 patent.  The motion notes that because IPR2018-00231 is at a preliminary stage—prior to the Board issuing an institution decision—termination would preserve the Board’s and the parties’ resources.

On June 5, 2018, the Board denied institution of Sandoz Inc.’s IPR2018-00156.  This IPR was directed to AbbVie’s U.S. Patent No. 9,187,559, which relates to a “multiple-variable dose method for treating idiopathic inflammatory bowel disease” using adalimumab.  Similarly, on May 3, 2018, the Board denied institution of Sandoz’s IPR2018-00002.  This IPR was directed to AbbVie’s U.S. Patent No. 9,512,216, which relates to a method for treating moderate to severe chronic plaque psoriasis using adalimumab.