In a move that reminds us that successful defendants can seek attorneys’ fees in the right case, the Ninth Circuit awarded pharmaceutical company Aventis Pharma SA attorneys’ fees in a FCA case brought by a competitor, Amphastar Pharmaceuticals Inc.
This PAR covers the assessment of an application to reclassify Nasacort Allergy Relief for Adults 55 micrograms/dose, nasal spray, suspension from Pharmacy (P) medicine to General Sales List.
Form DEF 14A Savara Inc For: Jun 10 streetinsider.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from streetinsider.com Daily Mail and Mail on Sunday newspapers.
No Unpatentability in a Successful Motion to Amend Tuesday, February 23, 2021
Mylan Labs. Ltd. v. Aventis Pharma S.A., IPR2016-00712, Paper 112 (P.T.A.B. Oct. 22, 2019),
aff’d without opinion (Fed. Cir. Jan. 15, 2021), the Patent Trial and Appeal Board (“PTAB”) granted Patent Owner’s motion to amend, finding that Petitioner had not shown the proposed substitute claims to be unpatentable.
Background
The drug at issue was JEVTANA
® (cabazitaxel), which is indicated for use in combination with prednisone for the treatment of patients with metastatic castration-resistant prostate cancer. Mylan challenged claims 1-5 and 7-30 of Orange Book-listed U.S. Pat. No. 8,927,592 (“the ’592 patent”) as unpatentable under 35 U.S.C. § 103(a). The ’592 patent, along with two continuation patents that issued from it, moved the patent expiration date for JEVTANA