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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!