Ovid Therapeutics Inc. v. Marinus Pharmaceuticals, Inc.

IPR2024-00726

Marinus Pharmaceuticals seeks to invalidate Ovid Therapeutics’ 2022 ganaxolone patent covering methods for treating status epilepticus, arguing anticipation, obviousness, and lack of enablement based on prior publications and press releases.

Jurisdiction
US PTAB
Case Number
IPR2024-00726
Decision Date
26 March 2024
Filing Date
26 March 2024

Detailed Summary

In a Post‑Grant Review petition, Marinus Pharmaceuticals challenges U.S. Patent No. 11,395,817 owned by Ovid Therapeutics, which claims methods of treating status epilepticus with the neurosteroid ganaxolone. Marinus alleges that the Zhang patent publication anticipates the claimed methods and, when combined with Saporito conference posters and Marinus’s own orphan‑drug and Phase I press releases, renders the claims obvious under 35 U.S.C. § 103. It further contends that the patent lacks sufficient enablement under § 112 and that the USPTO examiner failed to consider these references during prosecution, making discretionary denial inappropriate.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Ovid Therapeutics Inc. vs Marinus Pharmaceuticals, Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.

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