Post-Priority Document Usable As Evidence of POSITA Motivation, PTAB Litigation Blog

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The Federal Circuit recently affirmed the Patent Trial and Appeal Board’s ("PTAB") final written decisions finding the claims of Yeda Research and Development Co., Ltd.’s ("Yeda") U.S. Patent Nos. 8,232,250, 8,399,413, and 8,969,302 unpatentable as obvious in three inter partes review proceedings by Petitioners, Mylan Pharmaceuticals Inc. and Amneal Pharmaceuticals LLC. Yeda Research and Development Co., Ltd. v. Mylan Pharmaceuticals Inc., Amneal Pharmaceuticals LLC, __ F. ___ (Fed. Cir. 2018). The patents describe and claim the administration of a 40 mg dose of COPAXONE®, which is glatirmer acetate (“GA”), in three subcutaneous injections over seven days for the treatment for relapsing multiple sclerosis.

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