Fed. Circ. Backs PTAB Ax Of J&J Prostate Cancer Drug Patent

Law360 (May 14, 2019, 6:11 PM EDT) -- The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board decision invalidating a patent on Johnson & Johnson's blockbuster prostate cancer drug Zytiga, while leaving open a larger question about the reach of estoppel in America Invents Act reviews.

The appeals court passed on an opportunity to address an argument from J&J unit Janssen that companies successful in invalidating a patent in inter partes review cannot repeat their winning arguments in district court. The U.S. Patent and Trademark Office backed this position.

Instead, the Federal Circuit court upheld a 2018 PTAB decision in a review requested by Wockhardt Bio...

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