PTAB upholds anti-epileptic drug patent
The Patent Trial and Appeal Board (PTAB) has upheld a Research Corporation Technologies patent for anti-epileptic drug Vimpat (lacosamide) in a case brought by Argentum Pharmaceuticals.
Decided on Wednes day, March 22, the PTAB’s decision said that the inter partes review (IPR) petitioner had not given sufficient evidence that claims of the patent-in-suit are unpatentable for obviousness.
The case centres on US patent number RE38,551 E, which covers “Anticonvulsant enantiometric amino acid derivatives”.
The patent is owned by Research Corporation, a technology investment and management company.
After the decision to implement the case, Mylan, Breckenridge and Alembic joined as petitioners to the proceeding.
The PTAB said in its decision: “Based on the record developed in this proceeding, we conclude that petitioner has not established by a preponderance of the evidence that claims 1–9 of the ‘551 patent are unpatentable for obviousness … nor has petitioner established by a preponderance of the evidence that claims 10–13 of the ‘551 patent are unpatentable for obviousness.”
The PTAB said that in an IPR, the petitioner must “have the burden of proving a proposition of unpatentability by a preponderance of the evidence”.
Argentum’s and Research Corporation’s motions to exclude evidence were denied-in-part and dismissed-in-part as moot.
