Bausch Cancer Patent Tribunal Win Vacated by Appeals Court

The Federal Circuit vacated an administrative tribunal’s decision rejecting MSN Pharmaceuticals Inc.’s bid to cancel a Bausch Health Ireland Ltd. patent and ordered it to reconsider the evidence supporting its finding that the patent wasn’t obvious.

The Patent Trial and Appeal Board failed to adequately explain its reasoning for relying on “unexpected results” from experiments in its evaluation of US Patent No. 7,041,786, which covers the use of a unique chain of amino acids to prevent or treat cancerous growths, according to an opinion issued Friday by the US Court of Appeals for the Federal Circuit.

The appeals court couldn’t ...