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Allergan Successfully Invalidates Claims Relating to Using Botox to Treat Back Pain, PTAB Litigation Blog

April 2017

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Allergan is typically the patent holder in these types of disputes, however, it recently successfully played the role of petitioner in an IPR against 1474791 Ontario Ltd.’s U.S. Patent No. 6,806,251 covering the use of botulinum toxin to treat spinal compression. Ontario had asserted the ’251 patent against Allergan in litigation, accusing Allergan of infringing the patent through its purported off-label use of Botox® for treating back pain. (N.D. Ill. 1:15-cv-03372) The court stayed the case pending the result of the IPR. (Id.) In Allergan, Inc. and Allergan Sales, LLC v. 1474791 Ontario, Ltd., IPR2016-00102 (March 28, 2017), the PTAB found that Allergan had successfully invalidated all the challenged claims of the ’251 patent as obvious.

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