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PTAB Nixes Patent Claims UPenn Said Erbitux Infringed

Law360, New York (July 14, 2017, 3:27 PM EDT) -- The Patent Trial and Appeal Board invalidated claims in a University of Pennsylvania patent on a tumor treatment Thursday, handing a win to Eli Lilly Co., which faced allegations that its cancer drug Erbitux infringed the patent.

The board, in a final decision, said Lilly persuasively showed each of the challenged claims in the UPenn patent were invalid because they would have been obvious based on earlier scientific articles. Lilly challenged the patent after it was sued in 2015 for infringement.

Erbitux, which is used to...
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