PTAB rejects Bass IPR against arthritis drug patent

The Patent Trial and Appeal Board (PTAB) has upheld a patent covering Pozen’s Vimovo (naproxen and esomeprazole) in a case against Kyle Bass’s organisation, the Coalition for Affordable Drugs.

Vimovo is used to treat symptoms of osteoarthritis and rheumatoid arthritis, as well as reduce the risk of stomach ulcer.

In the decision, handed down on Tuesday, February 21, the PTAB rejected the inter partes review (IPR) filed by the coalition.

The coalition filed a petition in August 2015, requesting an IPR of certain claims of US patent number 8,945,621 B2.

The ‘621 patent, issued in 2015, is titled “Method for treating a patient at risk for developing an NSAID-associated ulcer”.

Following the petition, Pozen filed a preliminary response in November 2015, as well as a patent owner response, and did not amend any claims of the ‘621 patent.

Pozen has since merged with Tribute Pharmaceuticals Canada to form Aralez Pharmaceuticals.

In the petition, the coalition had argued that certain claims of the ‘621 patent are obvious.

But the PTAB said in its ruling: “[The] coalition has not carried its burden of proving by a preponderance of the evidence that claims 1–16 would have been unpatentable.”