Claim Construction Defeats CFAD’s Bid To Invalidate Patent On Controlled Release Compositions of 5-ASA, PTAB Litigation Blog
In an October 5, 2016, Final Written Decision, the PTAB denied Coalition For Affordable Drugs II LLC’s (“CFAD’s”) request to invalidate a patent held by Cosmo Technologies Ltd. (“Cosmo”) that covers its commercial product Lialda. Coalition For Affordable Drugs II LLC v. Cosmo Techs. Ltd., IPR 2015-00988 (Paper 55) (Oct. 5, 2016). Specifically, the PTAB found that CFAD’s construction of the term “waxes” was not supported by the weight of the extrinsic evidence and thus the prior art did not disclose the patented composition. The PTAB further found that, even if the prior art disclosed the composition, a person of ordinary skill would not find it obvious to combine the recited references because CFAD did not provide a compelling reason to choose the teachings of the prior art over the many pH-independent alternatives for controlled release known in the field at the time of the invention.
Read the full article at ptablitigationblog.com.