Fed. Circ. Won't Revive Teva Challenge To Drug Patent
By Adam Lidgett (December 7, 2021, 7:57 PM EST) -- The Federal Circuit has refused to revive Teva Pharmaceuticals' bid at the Patent Trial and Appeal Board to sink a patent covering Corcept Therapeutics Inc.'s flagship Cushing's syndrome medication Korlym.
A three-judge panel on Tuesday affirmed a PTAB decision upholding the challenged claims in the Corcept patent.
Teva had argued that the PTAB improperly required it to show that the prior art precisely predicted that the claimed invention would work, but the appeals court said that "the board applied the correct standard, requiring only a reasonable expectation of success."
The appellate court also held that "substantial evidence supports the board's finding...
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