Apotex Fails to Win Review of Patent on Movement Disorder Drug

Apotex Inc. lost an administrative challenge to a patent covering Austedo, a treatment for tardive dyskinesia and Huntington’s disease chorea.

Apotex asked the Patent Trial and Appeal Board in September to review Aus’s U.S. Patent No. 8,524,733, covering a chemical compound. Apotex argued the compound is obvious, having been derived from another that is decades old.

Certain evidence Apotex cited was considered during the patent application process, while its arguments substantially overlapped with those heard by the examiner, the PTAB said in a Wednesday decision. It found Apotex hadn’t shown the examiner made mistakes in weighing the evidence. ...