PTAB Institutes Another IPR on a Tocilizumab Patent Challenged by Fresenius

On March 3, 2022, the PTAB instituted another inter partes review of U.S. Patent Nos. 8,580,264 (“the ’264 patent”), owned by Chugai and Roche.  Fresenius filed a petition for inter partes review of the ‘264 patent, challenging claims 4, 5, and 12, directed to methods of treating rheumatoid arthritis by subcutaneously administering tocilizumab.  The PTAB indicated that it found that Fresenius had established a basis for institution on the two grounds it substantively addressed, and therefore instituted on all grounds as required under SAS.

This latest institution decision follows two decisions on February 23, 2022, one instituting inter partes review of claims 1-3 and 6-11 of the ‘264 patent, and another decision instituting on all claims of U.S. Patent No. 10,874,677 (“the ’677 patent”), owned by Chugai, Roche, and Genentech, in response to petitions filed by Fresenius.  The PTAB has also instituted inter partes review of two other patents owned by Chugai and Roche, directed to methods of treating rheumatoid arthritis.