The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision Tuesday that reversed a Patent Trial and Appeal Board (PTAB) decision invalidating claims of Sanofi’s U.S. Patent No. RE47,614, which covers a drug delivery device. Mylan Pharmaceuticals petitioned the PTAB for inter partes review (IPR) of all 18 claims in Sanofi’s drug injector pen patent. The company argued the patent was invalid due to obviousness, and the PTAB agreed and invalidated the patent. However, Sanofi appealed to the CAFC and argued that Mylan failed to show that the previous patent was analogous to the ‘614 patent. The appeals court agreed with Sanofi because Mylan only argued that two prior patents were analogous and not the challenged patent.
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