Including Functional Claim Language Helped Save Pozen’s VIMOVO® Patents, PTAB Litigation Blog

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On February 28, 2017, the PTAB held that the petitioner Lupin had not shown that the challenged claims in two of Pozen’s patents were invalid (IPR2015-01773 and IPR2015-01775).  These cases show the advantage of using functional language in a product or process claim.

The patents at issue are U.S. Patent Nos. 8,858,996 and 8,865,190. Both patents cover VIMOVO® (commercially sold by Horizon Pharma). The ’996 patent claims a pharmaceutical composition that provides for the coordinated release of esomeprazole (a well known proton pump inhibitor) and naproxen (a non-steroidal anti-inflammatory drug (NSAID) well known for controlling pain), such that there is a reduced likelihood of naproxen causing unwanted gastrointestinal side effects when administered as a treatment for pain. The ’190 claims are directed to processes for preparing the pharmaceutical compositions

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