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PTAB Tosses Two More Humira Patents; Will Supreme Court Eliminate IPR Proceeding?

 
• By Brenda Sandburg

Patent Trial and Appeal Board rules for Coherus in its challenge of Humira patents and takes up review of Cialis patent. US high court to consider constitutionality of inter partes review proceeding.

Recent decisions against AbbVie Inc.'s Humira patents highlight the continued threat of the inter partes review process to biopharma patents. But the proceeding itself could be imperiled now that the US Supreme Court has agreed to hear a case challenging its constitutionality.

On June 9, the US Patent and Trademark Office's Patent Trial and Appeal Board issued a pair of final written decisions finding that two Humira (adalimumab) patents directed to a method of treating rheumatoid arthritis are unpatentable. Last month, the board issued a similar decision in an inter partes review (IPR) petition against another Humira patent, No. 8,889,135, also covering a method of treating rheumatoid arthritis. Coherus BioSciences Inc. filed all three IPR petitions

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