Law360 (July 6, 2020, 11:21 PM EDT) -- Sanofi-Aventis has urged the U.S. Supreme Court to weigh in on its patent row with Mylan, arguing in a recent petition that the Federal Circuit's decision that the structure of the Patent Trial and Appeal Board is unconstitutional should now apply to all companies, even those that didn't raise the underlying constitutional issue in their briefs.
In 2018, the PTAB invalidated two Sanofi-Aventis Deutschland GmbH's patents covering the insulin medication Lantus following a challenge from Mylan Pharmaceuticals Inc. A Federal Circuit panel upheld that decision, but Sanofi insists the decision should be overturned because the court's October 2019 ruling in Arthrex held...
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