Generics' 2nd Challenge To Acne Drug IP Succeeds At PTAB

Law360 (June 1, 2020, 10:41 PM EDT) -- Handing a win to Amneal Pharmaceuticals and Mylan in a battle with Almirall LLC over a patent covering its acne drug Aczone, the Patent Trial and Appeal Board said the generics makers were able to persuasively show that all the challenged claims were invalid.

The board said in a final written decision Friday that the acne treatment was rendered obvious by earlier printed publications that disclosed the claimed 7.5% of the topical dapsone composition in Almirall's patent. A skilled artisan would have been motivated to pursue that composition to optimize dosing, the decision said.

"The evidence of record shows that the...

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