Fed. Circ. OKs PTAB Save Of Patent Covering Pfizer’s Toviaz

Law360 (January 11, 2019, 6:15 PM EST) -- The Federal Circuit ruled Friday that a patent on Pfizer Inc.’s incontinence drug Toviaz was correctly upheld in an inter partes review challenge from generics maker Amerigen Pharmaceuticals Ltd., while rejecting the patentee’s claim that Amerigen lacked standing to appeal.

The appeals court found that the Patent Trial and Appeal Board was correct to find in favor of UCB Pharma GmbH, which licenses the patent to Pfizer, and hold that Amerigen had not shown that the patent is invalid as obvious.

“We conclude that Amerigen's factual challenges to the board's decision are without merit and that substantial evidence supports the board’s...

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