Fed. Circ. Affirms PTAB Ax Of Indivior's Suboxone Patent

By Ryan Davis (November 24, 2021, 7:28 PM EST) -- A split Federal Circuit panel on Wednesday affirmed a Patent Trial and Appeal Board decision invalidating most claims of an Indivior patent on its opioid addiction treatment Suboxone, finding that the patent could not be traced back to an earlier application.

Handing a win to generics maker Dr. Reddy's, which challenged the patent after being sued for infringement in New Jersey, the appeals court's 2-1 precedential opinion concluded that amounts of compounds described in the patent were not found in the earlier application, so the PTAB's invalidity decision was correct.

The case hinged on what Indivior calls "polymer weight percentage ranges,"...

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