Sunday, June 14, 2015

IPR by Shire Development successful against U.S. Patent 8,318,813

From a press release by Lucerne Biosciences:

Lucerne Biosciences, LLC announced today [13 June 2015] that the U.S. Patent Trial and Appeal Board (PTAB), on June 4, 2015, entered an adverse judgment against the company in the inter partes review of U.S. Patent 8,318,813 that cancelled all thirteen of the patent's claims involving the treatment of Binge Eating Disorder with lisdexamfetamine dimesylate (LDX). LDX is an FDA-approved treatment for moderate to severe Binge Eating Disorder in adults and is marketed under the trade name "Vyvanse®" by Shire U.S. Inc. The inter partes review of the '813 patent was based on a petition initiated by Shire Development LLC that alleged the patent would have been obvious at the time of its invention on September 13, 2007 and therefore was invalid. Inter partes review is a provision of the American Invents Act (AIA) to challenge the validity of a patent before the Patent Trial and Appeal Board in the United States Patent and Trademark Office.


Note also:

On the other side of the coin, one notes that Kyle Bass is seeking an IPR against Shire.

Yesterday [1 April 2015], he [Bass] filed challenges against patents for two Shire drugs – the Lialda medicine for ulcerative colitis and the Gattex treatment for short bowel syndrome. The move comes just a few weeks after he challenged a patent that Acorda Therapeutics ACOR +1.68% holds on its Ampyra multiple sclerosis drug.

In his view, some drug makers and biotechs hold specific patents that do not represent an innovation and, instead, are designed to fend off competition. By challenging the patents, he argues that drug prices can be lowered.



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