Fed. Circ. Affirms PTAB Ax Of Cialis, Adcirca Patents

Law360 (April 18, 2018, 9:23 PM EDT) -- The Federal Circuit on Wednesday affirmed two Patent Trial and Appeal Board inter partes review decisions that the asserted claims of patents owned by an Eli Lilly subsidiary covering the erectile dysfunction drug Cialis and pulmonary arterial hypertension drug Adcirca are invalid as obvious.

The appellate court panel affirmed the PTAB's August 2016 determinations that the process used to make the drugs more water-soluble would have been obvious to ordinarily skilled artisans, based on patent applications and a patent that preceded the intellectual property owned by Icos Corp., an Eli Lilly & Co. subsidiary, according to the court's opinion.

The patents...

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