Petitions for Inter Partes Review by Coalition for Affordable Drugs VI LLC

On April 23, 2015, Petitioners, Coalition for Affordable Drugs VI LLC, et al. (“Petitioners”) filed three Petitions to the USPTO’s Patent Trial and Appeal Board (“Board”) for inter partes review of claims 1-32 of U.S. Patent No. 6,315,720 (“the ‘720 Patent”) drawn to methods for delivering a drug to a patient while avoiding the occurrence of an adverse side effect known or suspected of being caused by the drug.  The ‘720 Patent, which issued on November 13, 2001, is owned by Celgene Corporation.  In one of the Petitions, Petitioners assert that claims 1-32 of the ‘720 Patent are invalid under 35 U.S.C. §§ 102(b) and 103(a) over a Thalidomide Package insert.  In a second of the Petitions, Petitioners assert that claims 1-32 of the ‘720 Patent are obvious under 35 U.S.C. § 103(a) over two non-patent publications and U.S. Patent No. 5,832,449.  In the third of the Petitions, Petitioners assert that claims 1-32 of the ‘720 Patent are obvious under 35 U.S.C. § 103(a) over two different non-patent publications and U.S. Patent No. 5,832,449.  The inter partes reviews remain pending at the Board and are captioned IPR2015-01096, IPR2015-01102, and IPR2015-01103, respectively.

By:  Jacqueline A. DiRamio

IPR2015-01096

IPR2015-01102

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