Fed. Circ. Doubts PTAB Erred In Axing Almirall Acne Drug IP

By Britain Eakin (January 12, 2022, 4:46 PM EST) — A Federal Circuit panel seemed unlikely Wednesday to undo a win by Amneal Pharmaceuticals LLC at the Patent Trial and Appeal Board, which held that an Almirall LLC patent on its acne drug Aczone is invalid.

Almirall argued during a 40-minute remote hearing in its appeal of the June 2020 PTAB decision that the board erroneously concluded that the patent was obvious based on disclosures in the prior art of ranges of a thickening agent that overlap with the amount claimed in Almirall’s invention. 

Almirall attorney James Trainor of Fenwick & West LLP argued that the primary prior art reference Amneal…

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