Valeant Urges Fed. Circ. To Revive Antifungal Patent

Law360 (January 22, 2019, 10:15 PM EST) -- The Patent Trial and Appeal Board invalidated a patent covering Valeant Pharmaceuticals’ Jublia by expanding the definition of what the antifungal medication treated, the drugmaker told the Federal Circuit in a bid to revive the patent.

The patent in question treats onychomycosis, fungus of the nail itself, but the PTAB had expanded that definition to also include infections of the skin around the nail, a broadness that cleared it to invalidate the patent, argued patent owner Kaken Pharmaceutical Co. and Valeant, which has rebranded as Bausch Health Cos. Inc.

The patent’s specification, prosecution history and plain meaning all point to onychomycosis meaning...

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