PTAB invalidates Johnson & Johnson cancer drug patent
The Patent Trial and Appeal Board (PTAB) has invalidated a Johnson & Johnson (J&J) patent covering its prostate cancer drug Zytiga (abiraterone acetate).
Argentum Pharmaceuticals, the generics company that had applied for an inter partes review (IPR) of the patent, was handed victory yesterday, January 17.
Argentum was granted its IPR petition for claims 1 to 20 of US patent number 8,822,438 in September 2016. The patent is called “Methods and compositions for treating cancer”.
Two articles and US patent number 5,604,213 were cited as prior art by Argentum in its petition.
The PTAB, in a final written decision, held that the claims were unpatentable over combinations of the articles and the patent.
In a press release, J&J said it was disappointed in, and strongly disagreed with, the decision.
“We are evaluating our options with respect to a request for rehearing and/or appeal to the US Court of Appeals for the Federal Circuit. We believe the ‘438 patent is valid and will continue to vigorously defend it,” said the release.
Jeffrey Gardner, CEO of Argentum, said: “We are pleased that the US Patent and Trademark Office has ruled in Argentum’s favour by holding all claims of the last remaining Orange Book patent for Zytiga to be obvious.”
In November, the PTAB granted Argentum’s petition for an IPR of a patent covering Valeant Pharmaceutical’s Jublia (efinaconazole topical solution 10%).
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