Fed. Circ. Won't Revive Colitis Patent Axed By PTAB
Law360 (June 12, 2019, 5:47 PM EDT) -- The Patent Trial and Appeal Board rightly invalidated claims from a patent covering Salix Pharmaceuticals' ulcerative colitis treatment Apriso following a challenge from Mylan Pharmaceuticals Inc., the Federal Circuit said Wednesday.
The panel was looking at two appeals at once: one trying to reverse the PTAB's ruling, and another looking to undo a district court ruling that Mylan didn't infringe the patent. After finding that the PTAB was right, the Federal Circuit declared the district court appeal moot.
Dr. Falk Pharma GmbH owns the patent and licenses it to Salix, a unit of Valeant Pharmaceuticals successor Bausch Health Companies Inc.
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