Inherent Obviousness: Artisans Need Not Recognize Latent Properties to Challenge Claims, PTAB Litigation Blog
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On November 30, 2016, the PTAB issued decisions on the institution of inter partes reviews of U.S. Patent No. 6,667,061 (the ’061 patent), which relates to formulations for injectable suspensions having increased viscosity. 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.), naltrexone (Alkermes, Inc.), and synthetic exenatide (AstraZeneca AB). Luye Pharma Group Ltd. (“Luye”) filed a pair of petitions challenging all but three of the twenty-three claims in the ’061 patent. In the case of IPR2016-01096, the PTAB instituted an IPR as to all challenged claims on various obviousness grounds.
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