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Mylan Closer to Generic Apriso, as Patent Nixed for Obviousness (1)

June 12, 2019, 5:53 PMUpdated: June 12, 2019, 9:56 PM

Mylan Pharmaceuticals Inc.‘s win in a suit that invalidated a patent related to the ulcerative colitis drug Apriso was upheld by the Federal Circuit June 12.

The Patent Trial and Appeal Board didn’t err in determining the patent was obvious based on prior art, the U.S. Court of Appeals for the Federal Circuit ruled.

The decision marks “another example of the Federal Circuit being pretty deferential” to a PTAB obviousness finding, Doug Robinson, principal at Harness, Dickey & Pierce, P.L.C., said.

Dr. Falk Pharma GmbH owned U.S. Patent No. 8,865,688, which it licensed exclusively to Salix Pharmaceuticals Inc. to...

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