Petitioners Should Address Objective Indicia of Nonobviousness in Petitions Filed with the PTO

Inter partes review, IPR, PGR, Post Grant Review, Secondary Considerations

Recently, the PTAB denied Gilead Sciences, Inc.’s (Gilead) request to institute an inter partes review of two patents relating to HIV-prevention, U.S. Patent No. 9,044,509 (the ’509 patent) and U.S. Patent No. 9,579,333 (the ’333 patent). One key reason for the denial was because Gilead failed to adequately address unexpected results in its Petition. The…

Board Holds that Unexpected Results Overcome Claims that Were Prima Facie Obvious

IPR, Secondary Considerations, Unexpected Results

In Coalition for Affordable Drugs V LLC v. Biogen MA Inc., the PTAB denied an obviousness challenge of a patent covering methods of treating multiple sclerosis using a particular dosage of known fumarate drugs.  The patent at issue—U.S. Patent No. 8,399,514—is listed in the Orange Book for Biogen’s Tecfidera® product. The claims of the ’514…