PTAB Says Rituxan Patent Challenged By Pfizer Is Obvious

Law360 (November 1, 2018, 7:03 PM EDT) -- The Patent Trial and Appeal Board on Wednesday handed a win to Pfizer Inc. in its challenge of a Biogen Inc. patent covering the cancer treatment Rituxan, with the board invalidating the patent as obvious because of previous drug trials.

In a 39-page decision, the PTAB found that Biogen’s patent was invalid as obvious in light of a combination of earlier drug trials and studies relating to various high-dose therapy on patients with blood cancer, including non-Hodgkin’s lymphoma.

The board found that it would have been obvious for a person ordinarily skilled in the art to combine a trial known as...

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