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24 July 2017Americas

PTAB upholds UCB Pharma’s patent in IPR

The Patent Trial and Appeal Board (PTAB) has sided with UCB in an inter partes review (IPR) brought by Mylan.

In a final written decision handed down on Wednesday, July 19, the PTAB said that Mylan had not demonstrated that the patent, belonging to UCB but licensed to Pfizer, was unpatentable.

Mylan filed a  petition in 2016, requesting an IPR of UCB’s US patent number 7,985,772 B2.

The ‘772 patent is titled “Derivatives of 3,3-Diphenylpropylamines” and was issued in July 2011.

It covers a method of using certain compounds for the treatment of urinary incontinence, irritable bowel syndrome and other smooth muscle contractile conditions.

The PTAB instituted the IPR and an oral hearing was held in April this year.

Mylan had attempted to invalidate UCB’s patent after UCB and Pfizer sued Mylan for patent infringement when it filed an Abbreviated New Drug Application to bring a generic version of Pfizer’s drug Toviaz (fesoterodine) to market.

Toviaz is used to treat overactive bladder.

“Based on the arguments and evidence before us, we conclude that petitioner has not demonstrated by a preponderance of the evidence that claims 1, 3, 4, and 6–8 are unpatentable,” said the PTAB.

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