PTAB Says Not Unfair To Review Amgen Chemo Patents

Law360 (September 12, 2019, 7:43 PM EDT) -- The Patent Trial and Appeal Board has agreed to review two patents covering Amgen Inc.'s blockbuster chemotherapy drug Neupogen, rejecting Amgen's argument that its validity contentions in a parallel district court case were unfairly used as a roadmap for the petitions for inter partes review.

In a separate decisions Wednesday, the PTAB said that Kashiv BioSciences LLC successfully showed that Amgen's two patents were likely invalid as obvious over earlier publications.

Amgen had argued, in part, that the petitions should be denied under the factors outlined in the PTAB's 2017 ruling in General Plastic v. Canon, which judges use when determining...

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