PTAB institutes IPR of Nalox-1 opioid overdose treatment

The US Patent Trial and Appeal Board ( PTAB) has instituted an inter partes review (IPR) into a patent covering an opioid overdose treatment owned by Nalox-1 Pharmaceuticals.

In a decision on Tuesday, August 27 PTAB said it would review claims 1-29 of the patent (US number 9,211,253 B2) following a petition by a competitor, Opiant Pharmaceuticals, which said the claims were obvious over prior art.

Opiant had also filed petitions for two additional IPRs challenging the same claims of the ‘253 patent with additional prior art, but these were denied.

The patent in dispute concerns the treatment Narcan (naloxone), which is an opioid receptor antagonist that was initially approved for use by injection for the reversal of opioid overdose.

According to the ’253 patent, administering naloxone via injection requires trained medical personnel and imposes the risk of exposure to bloodborne pathogens through needlestick injuries.

The invention covered by the patent relates to devices adapted for nasal delivery of an “effective amount” of the treatment.

In support of its IPR petition, Opiant cited doctoral research by two individuals as prior art.

In its decision, PTAB said Opiant had demonstrated a “reasonable likelihood of showing the unpatentability” of the disputed claims.

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