The Patent Trial and Appeal Board (PTAB) has rejected the Coalition for Affordable Drugs' attempt to invalidate a patent covering Pozen’s Vimovo (naproxen and esomeprazole magnesium) drug.
Administrative patent judge Toni Scheiner wrote on Tuesday, December 8, that the coalition had failed to show a “reasonable likelihood that it would prevail in its challenges” against the patent, US number 6,926,907.
The coalition, in an inter partes review (IPR) filed in May, argued that the patent was obvious.
Vimovo, used to treat arthritis, is marketed by Horizon Pharma. Pozen, which has a marketing deal with Horizon, obtained the rights to sell the drug from AstraZeneca in 2013.
Another petition ch allenging another patent, US number 8,858,996, which also covers the Vimovo drug and owned by Pozen, was filed in July.
The PTAB has yet to decide on whether it will institute the IPR.