Fed. Circ. Says PTAB Right To Uphold Epilepsy Drug Patent

Law360 (February 1, 2019, 5:04 PM EST) -- In a precedential opinion, the Federal Circuit on Friday upheld a patent related to UCB Inc.'s anti-epileptic drug Vimpat amid a challenge from three generic-drug makers, including Mylan Pharmaceuticals Inc., affirming a decision from the Patent Trial and Appeal Board.

The appeals court said PTAB was not wrong to find an inter partes review challenge that included Alembic Pharmaceuticals Ltd., Breckenridge Pharmaceutical Inc. and Mylan failed to show claims in the patent were invalid as obvious.

"[W]e conclude that the board's obviousness conclusion was supported by substantial evidence," the Federal Circuit said.

The ruling is a victory for Research Corp. Technologies Inc.,...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!