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PTAB Denies Joinder of IPR Petitioner That Won’t Take “Silent Understudy” Role, PTAB Litigation Blog

July 2017

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In orders entered July 10 and 12, 2017, the PTAB instituted further inter partes review (IPR) of six Allergan Inc. (“Allergan”) patents relating to cyclosporine compositions.  Each of U.S. Patent Nos. 8,633,162, 8,685,930, 8,629,111, 8,642,556, 8,648,048 and 9,248,191 is listed in the Orange Book for Allergan’s dry eye treatment, RESTASIS®.  The PTAB had previously instituted IPRs filed by Mylan Pharmaceuticals, Inc. for each of these patents.  While the PTAB instituted the later filed IPRs Nos. IPR2017-00566-00567-00568-00569-00570 and -00571 by Famy Care Limited et al. (Famy), it denied Famy’s motions to join those IPR proceedings with the already instituted Mylan proceedings in which similar patentability challenges were at issue but the presentation of arguments differed.

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