Routine Trial-And-Error Approach To Protein Formulation Is Not Sufficient To Establish Obviousness Absent A Reasonable Expectation Of Success In Achieving The Claimed Formulation, PTAB Litigation Blog
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Routine Trial-And-Error Approach To Protein Formulation Is Not Sufficient To Establish Obviousness Absent A Reasonable Expectation Of Success In Achieving The Claimed Formulation.
On December 22, 2016, in a final written decision in
IPR2015-01537, the PTAB rejected an obviousness challenge brought
by Momenta Pharmaceuticals, Inc. against a patent owned by
Bristol-Myers Squibb directed to certain stable liquid formulations
of the therapeutic molecule CTLA4Ig (a fusion protein commercially
available as Orencia) for subcutaneous delivery.
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