Allergan Gets Patent Claims In Botox Suit Nixed At PTAB

By Matthew Bultman (March 29, 2017, 2:17 PM EDT) -- The Patent Trial and Appeal Board on Tuesday invalidated several claims in a pain treatment patent challenged by Allergan Inc., which was hit with infringement allegations in 2015 related to off-label uses of its blockbuster drug Botox.

Allergan sought inter partes review after Canadian company 1474791 Ontario Ltd. filed a lawsuit that claimed the drugmaker had violated its patent by coaching doctors to inject Botox into a patient's spinal muscles. Allergan argued that various claims in the patent were either anticipated or obvious.

The PTAB, in a final decision, agreed that the challenged claims were invalid.

"Petitioners have demonstrated by a...

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