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PTAB To Review Tyvaso Patents Despite Time-Bar Protest

Law360, New York (January 12, 2018, 5:44 PM EST) -- The Patent Trial and Appeal Board on Thursday granted Watson Laboratories Inc.’s request to review two United Therapeutics Corp. patents covering its hypertension drug Tyvaso, turning down arguments from United Therapeutics that the deadline for a review had passed.

Watson had a year after being sued for patent infringement to request an inter partes review, and this case turned on when that clock starts when the claims are part of an amended complaint. The board followed its own nonbinding precedent to say that time begins when the...
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