Pharmaceuticals — US PTAB Patent Cases
89 decisions indexed
Page 1 of 3 · 89 total
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
Merck Sharp & Dohme LLC successfully convinced the PTAB to institute IPR proceedings against The Johns Hopkins University regarding anti-cancer therapies using PD-1 blockade. The Board found sufficient evidence that prior art, including the MSI-H Study Record, renders several claims unpatentable.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
Merck Sharp & Dohme LLC successfully secured institution for its IPR challenge against The Johns Hopkins University regarding oncology/immunotherapy claims. The Board found sufficient evidence to proceed under 35 U.S.C. § 102 and § 103, despite procedural challenges from the Patent Owner.
Dr. Reddy's Laboratories S.A. et al. v.Eye Therapies, LLC et al.
Dr. Reddy's Laboratories successfully secured institution status for an IPR against Eye Therapies, LLC regarding ophthalmic formulations. The Board found a reasonable likelihood of prevailing on obviousness (35 U.S.C. § 103) based on the combination of prior art references.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
Merck Sharp & Dohme LLC successfully petitioned to institute IPR proceedings against The Johns Hopkins University regarding anti-cancer immunotherapy claims. The Board found sufficient evidence that the MSI-H Study Record anticipates key claims, warranting further trial on grounds of anticipation and obviousness.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
Merck Sharp & Dohme LLC successfully instituted an IPR against The Johns Hopkins University's patent, challenging claims related to anti-PD-1 antibodies for MSI-high cancer. The Board found sufficient evidence that prior art anticipated and rendered the claims obvious, leading to a trial institution decision.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
The PTAB found all 28 challenged claims unpatentable in this IPR proceeding concerning oncology/immunotherapy. The Petitioner successfully demonstrated that the MSI-H Study Record inherently anticipated or rendered obvious the claimed methods under both § 102 and § 103.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
The PTAB issued a Final Written Decision finding multiple claims of the '975 patent unpatentable. The petitioner successfully demonstrated that the claimed methods and drug characteristics were anticipated (102) or rendered obvious (103) by prior art, primarily the MSI-H Study Record (MSR).
Azurity Pharmaceuticals, Inc. v.EXELIXIS, INC.
Azurity Pharmaceuticals failed to convince the PTAB that EXELIXIS's drug formulation patent was unpatentable, resulting in a denial of institution for IPR2025-00210. The Board rejected anticipation arguments based on prior art family relationships and dismissed obviousness claims regarding impurity control.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully challenged Halozyme, Inc.'s patent on modified PH20 polypeptides in a PGR proceeding. The Board found likelihood of prevailing based on arguments regarding the genus's scope and potential lack of enablement/obviousness.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully challenged Halozyme, Inc.'s '618 patent on grounds of enablement and obviousness regarding modified PH20 polypeptides. The PTAB adopted a functional claim construction requiring hyaluronidase activity for the claimed genus.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully petitioned the PTAB to challenge Halozyme's PH20 polypeptide claims under 35 U.S.C. § 112 for lack of written description and enablement. The Board instituted the petition, finding that the specification broadly defines a 'modified PH20 polypeptide' but lacked sufficient examples to support the vast scope of multiply-substituted variants claimed.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC challenged Halozyme, Inc.'s patent on hyaluronidase polypeptides under grounds of enablement and obviousness. The PTAB granted institution, finding the claims cover a vast genus that requires undue experimentation to fully enable.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully petitioned the PTAB to invalidate Halozyme, Inc.'s claims covering a genus of modified PH20 polypeptides. The Board found that the broad scope of the claimed variants lacked adequate written description and enablement support in the original patent disclosure. This decision significantly challenges the breadth of the patented technology in hyaluronidase drug development.
Merck Sharp & Dohme LLC v.Halozyme, Inc. et al.
Merck Sharp & Dohme LLC successfully petitioned to institute IPR against Halozyme, Inc.'s patent (12195773) based on grounds of enablement and obviousness. The Board found it likely that the claims defining a vast genus of modified polypeptides are unpatentable due to insufficient disclosure regarding solubility and activity prediction.
Dr. Reddy's Laboratories S.A. et al. v.Eye Therapies, LLC et al.
Dr. Reddy's Laboratories challenges the patentability of U.S. Patent No. 11,596,600 regarding brimonidine eye drops using obviousness over prior art. The Petition argues that a Person of Ordinary Skill in the Art (POSA) would have been motivated to use low concentrations for treating ocular redness. The Board is urged to deny institution based on Hatch-Waxman goals and alleged Examiner error.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
Merck Sharp & Dohme LLC challenges The Johns Hopkins University's patent (11,649,287) in an IPR proceeding based on anticipation and obviousness. Petitioner asserts that the MSI-H Study Record discloses all claimed methods, rendering the claims unpatentable under 35 U.S.C. § 102 and § 103. The petitioner argues for discretionary denial of institution is inappropriate given the prior art's relevance to the patent's scope.
Ovid Therapeutics Inc. v.Marinus Pharmaceuticals, Inc.
Ovid Therapeutics challenges Marinus Pharmaceuticals' patent on ganaxolone, arguing that all claims are obvious over various combinations of clinical trial data and earlier patents. The petitioner asserts that prior art provides sufficient motivation for treating status epilepticus (SE) with the claimed dosing regimen.
Encube Ethicals Pvt. Ltd. v.Dermavant Sciences GmbH et al.
Encube Ethicals Pvt. Ltd. initiated a Petition challenging the validity of Dermavant Sciences GmbH's patent (US 11590088) in the context of psoriasis treatment. The petitioner asserts that the claimed methods are anticipated or obvious based on prior art references like Sonti and Bissonnette.
Sarepta Therapeutics, Inc. et al. v.Genzyme Corporation et al.
The USPTO Board denied the institution of IPR proceedings (IPR2025-01194) involving Sarepta Therapeutics and Genzyme Corporation, meaning no trial will proceed on the challenged patent.
Apotex Inc. v.Ipsen Biopharm Ltd. et al.
The PTAB granted institution for the IPR involving Apotex Inc. and Ipsen Biopharm Ltd., allowing the merits of the challenge to proceed.
Sarepta Therapeutics, Inc. et al. v.Genzyme Corporation et al.
The USPTO Director denied institution for several Inter Partes Review petitions, including one concerning Sarepta Therapeutics and Genzyme Corporation's patent 7704721.
Sarepta Therapeutics, Inc et al. v.The Trustees of the University of Pennsylvania et al.
The Board issued a Final Written Decision upholding the validity of claim 8 in this gene therapy IPR. The decision found that Petitioner failed to demonstrate sufficient motivation or reasonable expectation of success to combine prior art references under 35 U.S.C. § 103(a).
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
The PTAB issued a Final Written Decision finding that all seven claims of the patent were unpatentable. The petitioner successfully demonstrated anticipation (102) and obviousness (103) based on the MSI-H Study Record, which was deemed prior art despite arguments regarding experimental use exceptions.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
The PTAB issued a Final Written Decision finding that claims 1-8 of the patent were unpatentable. The Petitioner successfully demonstrated that the MSI-H Study Record (MSR) anticipates and renders obvious most challenged claims under both § 102 and § 103. The Board ruled that the Patent Owner's objective evidence of non-obviousness was insufficient to overcome these findings.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
The PTAB found all 36 challenged claims unpatentable by both anticipation (35 U.S.C. § 102) and obviousness (35 U.S.C. § 103). The Board concluded that the MSI-H Study Record inherently anticipates the claimed methods, including those requiring pre-treatment testing for microsatellite instability high or DNA mismatch repair deficient status. This decision significantly weakens the patent's validity in the context of oncology and immunotherapy.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
The PTAB found all 30 challenged claims unpatentable by anticipation (102) and obviousness (103). The Petitioner successfully argued that the MSI-H Study Record anticipates the claimed methods for treating non-colorectal MSI-H cancers.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
The PTAB found that the patent claims were unpatentable under both anticipation (35 U.S.C. § 102) and obviousness (35 U.S.C. § 103). The Board concluded that the MSI-H Study Record anticipates the claimed invention by teaching all elements, leading to a final decision against the patent owner.
Merck Sharp & Dohme LLC et al. v.The Johns Hopkins University
The PTAB issued a Final Written Decision finding all 38 claims of the '491 patent unpatentable. The Board construed "in response to" as requiring a causal link between MSI-H/dMMR determination and treatment, which led to a finding that the MSR anticipated and rendered obvious the challenged claims.
Dr. Reddy's Laboratories S.A. et al. v.Eye Therapies, LLC et al.
The PTAB instituted the IPR petition challenging key claims of a patent related to vasoconstriction agents for eye redness. The Board found that Petitioner demonstrated a reasonable likelihood of prevailing, despite arguments from the Patent Owner regarding prior art limitations and adverse events.
Salvacion USA, Inc. et al. v.Trutek Corp.
The Petitioner successfully demonstrated that the challenged claims (1-3 and 8) were anticipated by multiple prior art references, including Chen. The Board found that the prior art disclosed all claim elements, leading to a final decision of unpatentability.
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