PTAB Mostly Rejects Lupin's AIA Review Of HIV Drug Patent

Law360, New York (July 14, 2015, 6:25 PM EDT) -- The Patent Trial and Appeal Board has partially nixed Lupin Limited's bid for an America Invents Act review of certain claims of a patent covering the anti-HIV drug Lexiva, saying that the patent owner's evidence of secondary considerations for certain key claims overcame Lupin's evidence of obviousness.

While the board accepted Lupin's request to institute an inter partes review on certain claims of Vertex Pharmaceuticals Inc.'s U.S. Patent Number 6,436,989 — which covers Lexiva — it refused to review claims that focus on fosamprenavir, the active ingredient in the drug, and its use to treat HIV infection, according to the June...

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