Recitation of Common Functional Groups for Genus Claims Fails Written Description Requirement

Anticipation, Claimed Priority Date, Invalidity, Section 112, Written description

In an opinion issued on March 6, 2023, the Federal Circuit affirmed the PTAB’s holding of unpatentability because the applications from which the patent claimed priority from lacked sufficient written description under 35 U.S.C. § 112. Regents of University of MN v. Gilead Sciences, Inc., No. 2021-2168 (March 6, 2021). Because the patent could not…

PTAB Analyzes Section 112 Support in Declining to Institute IPR on Galderma’s Rosacea Patent

Claimed Priority Date, Inter partes review, Obviousness, PTAB

The PTAB recently rejected Dr. Reddy’s Laboratories’ IPR petitions for Galderma’s patent covering its Oracea® (doxycycline) product for the treatment of rosacea.  Galderma’s patent, U.S. Patent No. 8,603,506 (“’506 patent”) is directed to the treatment of rosacea using low dosages of the tetracycline antibiotic doxycycline. Dr. Reddy’s filed three petitions for IPR against the ’506…