Nixed Sanofi Insulin Pen Patent Revived by Federal Circuit (1)

A Federal Circuit panel reversed an administrative tribunal’s invalidation of a patent covering a Sanofi-Aventis Deutschland GmbH pen used to deliver insulin, growth hormones, and blood thinners, saying Tuesday that the grounds for invalidation were flawed.

The Patent Trial and Appeal Board erred when it found Sanofi’s US Patent No. RE47614—which covers an injector pen that can be “configured to allow setting of different dose sizes"—obvious in light of prior art, Judge Tiffany P. Cunningham wrote in the precedential opinion.

Sanofi argued some of the prior art the PTAB relied on “relates to cars and not drug delivery ...