PTAB denies Celltrion’s patent challenge against Genentech

The Patent Trial and Appeal Board (PTAB) has rejected Celltrion’s challenge against a Genentech patent centring on a method of treating rheumatoid arthritis, stating that the challenged patent did not show any reasonable likelihood of being invalid.

The PTAB's decision, announced on Thursday, March 2, disagreed with Celltrion’s arguments on claim construction and anticipation.

“Upon consideration of the petition and preliminary response, we determine that petitioner has not established a reasonable likelihood that it would prevail in showing the unpatentability of at least one challenged claim,” said the board.

Celltrion filed a petition to institute inter partes review (IPR) of US patent number 7,976,838 in August 2016.

The ’838 patent discloses methods of treating rheumatoid arthritis in patients who experience an inadequate response to a “TNFα-inhibitor”.

In December 2016, Genentech filed a patent owner preliminary response to the petition in which the company asked the PTAB to decline to institute the IPR “because the petition fails to establish a reasonable likelihood that Celltrion would carry its burden to show that any claim of ’838 patent is not patentable.”

The PTAB concluded in its decision: “We deny the petition and decline to institute an inter partes review.”