A decision by the US Court of Appeals for the Federal Circuit that Patent Trial and Appeal Board (PTAB) judges were unconstitutionally appointed is continuing to have ripple effects, with Sanofi now arguing that it should be able to apply this ruling in appealing a finding that its Lantus (insulin glargine) patents are unpatentable. It plans to file a certiorari petition for US Supreme Court review of its argument.
In a November ruling in Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc