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Inherent Obviousness: Available IPR Rationale With a High Standard, PTAB Litigation

December 2017

Visit the Jones Day PTAB Litigation Blog.

On November 28, 2017, the PTAB issued a final written decision upholding the patentability of U.S. Patent No. 6,667,061 (IPR2016-01096). The ’061 patent is owned by Alkermes Pharma Ireland, Ltd. and Alkermes Controlled Therapeutics, Inc. ("Alkermes"), and is listed in the Orange Book in connection with formulations of risperidone (Janssen Pharmaceuticals, Inc.) and naltrexone (Alkermes, Inc.), as well as several formulations by AstraZeneca AB (exenatide, synthetic exenatide, and dapagliflozin propanediol). Luye Pharma Group Ltd. ("Luye") challenged several of the claims on various obviousness grounds, including assertions of the inherent properties of prior art formulations. Our previous report on the PTAB’s decision to institute this IPR can be found here.

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