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On April 7, 2021, the Federal Circuit decided Apple Inc. v. Qualcomm Inc., where it held that Apple lacked standing to appeal the final written decisions in two inter partes review (“IPR”) proceedings before the U.S. Patent Trial and Appeal Board (“PTAB”). Shortly before that, on March 22, 2021, almost one year after the Federal Circuit issued an earlier standing opinion in Argentum Pharm. LLC v. Novartis Pharm. Corp., 956 F.3d 1374 (Fed. Cir. 2020), the Supreme Court denied a petition for a writ of certiorari by Argentum. The Federal Circuit’s recent decision in Apple and the Supreme Court’s recent denial of certiorari in
To embed, copy and paste the code into your website or blog: The Federal Circuit (in an unpublished opinion) recently reaffirmed the difficulty generic challengers face when trying to establish chemical structural obviousness to invalidate a drug compound patent claim. 1 This recent ruling involved Takeda’s U.S. Patent No. 7,807,689 (“the ‘689 Patent”), which claims alogliptin, a uracil-containing dipeptidyl peptidase IV (“DPP-IV”) inhibitor used to treat Type II diabetes. The ‘689 Patent is listed in the Orange Book for Takeda’s anti-diabetes drug products, Nesina ®, Kazano ®, and Oseni ®, each of which contains alogliptin benzoate as an active ingredient. Two ANDA applicants, Torrent and Indoco, challenged the validity of claims 4 and 12 of the ‘689 Patent as obvious under 35 U.S.C. § 103 and for non-statutory obviousness-type double patenting (“OTDP”).
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