Petitions for Inter Partes Review on Drug Releasing Fiber Implants

On December 7, 2018, various companies including Ethicon, Inc., Janssen Pharmaceutical, and Johnson & Johnson (“Petitioners”) filed two Petitions to the USPTO’s Patent Trial and Appeal Board (“Board”).

In IPR2019-00406, the Petitioners challenged claims 1, 4, 11, 16-17, 20, and 26 of U.S. Patent No. 6,596,296 (“the ‘296 Patent”) as anticipated under 35 U.S.C. § 102 and as obvious under 35 U.S.C. § 103.

In IPR2019-00407, the Petitioners challenged claims 1, 2, 6, 11, 13, and 19 of U.S. Patent No. 7,033,603 (“the ‘603 Patent”) as anticipated under 35 U.S.C. § 102 and as obvious under 35 U.S.C. § 103.

The ‘296 and ‘603 Patents are owned by the Board of Regents, The University of Texas System and are licensed to Tissue Gen, Inc. The ‘296 Patent is drawn to drug releasing biodegradable fiber implants, and the ‘603 Patent is drawn to drug releasing biodegradable fiber compositions comprising gels or hydrogels. The inter partes reviews remain pending at the Board.

By:  April Breyer Menon

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