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.,...

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