Kaken, Bausch Get Chance to Save Nail Fungus Treatment Patent

Kaken Pharmaceutical Co. and Bausch Health Cos. succeeded in their challenge to a Patent Trial and Appeal Board decision canceling their nail-fungus treatment patent at the Federal Circuit on Friday.

The PTAB wrongly interpreted terms of the patent in deciding it was obvious based on prior art, the court said.

Kaken and Bausch own U.S. Patent No. 7,214,506, covering their Jublia topical solution for treating onychomycosis toenail fungus. Acrux Ltd. challenged the patent’s validity at the PTAB, which invalidated it based on prior art.

Kaken argued the board canceled the patent based on an incorrect interpretation of its terms, which ...