PTAB Rejects Generic Maker Eton’s Challenge to Elcys Patent

Eton Pharmaceuticals Inc.’s challenge to a patent covering Exela Pharma Sciences LLC’s nutrition supplement Elcys was denied by a patent office tribunal, which found the generic maker hadn’t shown the patent is likely invalid.

The Patent Trial and Appeal Board’s decision on Friday follows the board’s refusal to review two other Exela patents on Elcys. Eton brought the challenges after Exela, a specialty pharmaceutical company in North Carolina, accused it of infringement.

“We are not persuaded that the petition establishes that it is ‘more likely than not’ that any of” the challenged patent claims are invalid as obvious, the board ...