Briefing Completed In Adalimumab Dosing Patents IPR Appeal

As we previously reported, AbbVie had appealed the PTAB’s final written decisions that the challenged claims of U.S. Patent Nos. 8,889,135, 9,017,680, and 9,073,987, directed to methods of using adalimumab, are unpatentable on obviousness grounds. These final written decisions stemmed from IPR petitions filed by Coherus against all three patents, and two IPR petitions filed by Boehringer Ingelheim against the ’135 patent.

Since the appeal was filed, both Coherus and Boehringer Ingelheim settled with AbbVie and withdrew from the appeal, and the USPTO intervened to defend the PTAB’s final written decisions in their respective IPRs. AbbVie filed its reply brief on August 20, and briefing is now complete.  Oral argument has not yet been scheduled.