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Mylan Pharms. Inc. v. Research Corp. Techs.

United States Court of Appeals for the Federal Circuit

February 1, 2019, Decided

2017-2088, 2017-2089, 2017-2091

Opinion

 [*1368]  [***1326]   Lourie, Circuit Judge.

Mylan Pharmaceuticals Inc. ("Mylan"), Breckenridge Pharmaceutical, Inc. [**2]  ("Breckenridge"), and Alembic Pharmaceuticals, Ltd. ("Alembic") (collectively, "Appellants") appeal from the final written decision of the U.S. Patent and Trademark Office Patent Trial and Appeal Board ("the Board") in an inter partes review concluding that claims 1-13 of U.S. Reissue Patent 38,551 ("the '551 patent")  [***1327]  are not unpatentable. See Argentum Pharm. LLC v. Research Corp. Techs., IPR 2016-00204, 2017 Pat. App. LEXIS 3905, 2017 WL 1096590, at *1-2 (P.T.A.B. Mar. 22, 2017) ("Decision"). For the reasons detailed below, we affirm.

Background

Epilepsy is a neurological disorder that affects about one percent of the human population. It is characterized by two or more unprovoked seizures occurring more than 24 hours apart. Epilepsy can be associated with conditions affecting the structure of the brain, but, for the vast majority of affected individuals, no specific cause can be identified. While there is no known cure for epilepsy, treatment can include both drug therapy and surgery, and most patients are treated via long-term administration of anticonvulsant drugs to prevent seizures. The nature and severity of seizures varies considerably across the patient population, and treatment is typically tailored for each specific patient.

Research Corporation Technologies, Inc. ("RCT") owns the '551 patent, which discloses [**3]  and claims enantiomeric compounds and pharmaceutical compositions useful in the treatment of epilepsy and other central nervous system ("CNS") disorders. Claim 1 recites:

1. A compound in the R configuration having the formula:

wherein

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914 F.3d 1366 *; 2019 U.S. App. LEXIS 3282 **; 129 U.S.P.Q.2D (BNA) 1325 ***

MYLAN PHARMACEUTICALS INC., BRECKENRIDGE PHARMACEUTICAL, INC., ALEMBIC PHARMACEUTICALS LTD., Appellants v. RESEARCH CORPORATION TECHNOLOGIES, INC., Appellee

Prior History:  [**1] Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2016-00204, IPR2016-01101, IPR2016-01242, IPR2016-01245.

Disposition: AFFIRMED.

CORE TERMS

compound, patent, methoxyamino, modify, moiety, lacosamide, potency, carbon, skill, pharmaceutically, racemic, instituted, bioisosterism, stability, joined, atom, anticonvulsant, artisan, amino, inter partes, motivation, disorders, methylene, toxicity, joinder, replace, potent, zone, proposed modification, substantial evidence

Governments, Legislation, Interpretation, Business & Corporate Compliance, US Patent & Trademark Office Proceedings, Patent Law, US Patent & Trademark Office Proceedings, Patent Law, Nonobviousness, Evidence, Fact & Law Issues