Law360, New York ( August 21, 2015, 10:23 AM EDT) -- The first institution decisions for inter partes review in a biosimilars context were handed down by the Patent Trial and Appeal Board the week of July 13, 2015.[1] Boehringer Ingelheim Pharmaceuticals Inc. had petitioned for IPR of two patents owned by Genentech Inc. (U.S. Pat. Nos. 7,820,161 and 7,976,838)[2] and one owned by Biogen Inc. (U.S. Pat. No. 8,329,172),[3] each of which dealt with Rituxan (rituximab), an antibody that binds to CD20. The PTAB instituted trial on the two Genentech patents, but declined to do so for the Biogen patent. These patent challenges are significant because the challenged patents extend coverage of Rituxan from 2013 to at least 2020. They also represent the first PTAB challenges associated with this biologic....
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