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Mylan Pharmaceuticals Inc. v. Almirall, LLC

Docket IPR2019-01095, Patent Trial and Appeal Board (June 7, 2019)
Christopher Paulraj, Ryan Flax, Susan Mitchell, presiding
Case TypeInter Partes Review
Patent
9517219
Orange Book Patent
9517219
Patent Owner Almirall, LLC
Petitioner Mylan Pharmaceuticals Inc.
Petitioner Amneal Pharmaceuticals of New York
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Amneal Pharmaceuticals LLC v. Almirall, LLC

Docket IPR2019-00207, Patent Trial and Appeal Board (Nov. 6, 2018)
Christopher Paulraj, Ryan Flax, Susan Mitchell, presiding
Case TypeInter Partes Review
Patent
9517219
Orange Book Patent
9517219
Patent Owner Almirall, LLC
Petitioner Amneal Pharmaceuticals LLC
Petitioner Mylan Pharmaceuticals
...
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69 Other fed circuit mandate: Other fed circuit mandate

Document IPR2019-00207, No. 69 Other fed circuit mandate - Other fed circuit mandate (P.T.A.B. Sep. 16, 2022)
United States Court of Appeals for the Federal Circuit
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2019-
In accordance with the judgment of this Court, entered March 14, 2022, and pursuant to Rule 41 of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued.
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70 Other other court decision: Other other court decision

Document IPR2019-00207, No. 70 Other other court decision - Other other court decision (P.T.A.B. Sep. 16, 2022)
Almirall owns the ’219 patent, which relates to meth- ods of treating acne or rosacea with dapsone formulations that include an acrylamide/sodium acryloyldimethyl tau- rate copolymer (“A/SA”) thickening agent and the solvent diethylene glycol monoethyl ether (“DGME”).
The Board relied on prior art and expert testimony in determining that a person of ordinary skill would have recognized Carbopol® and Sepineo® as closely related gel- ling agents that could be interchangeably used in dapsone formulations in the same concentration range.
We are therefore not persuaded that the Board erred in analyzing the evidence provided by Amneal and its impact on whether a skilled artisan would have had a reasonable expectation of success in combining these prior art teachings to achieve the claimed invention.
Amneal coun- ters that the Board relied on expert testimony in correctly determining that a person of ordinary skill would have had a reasonable expectation of success because Bonacucina taught using Sepineo® at overlapping concentrations and because carbomers had known drawbacks which were re- solved by Sepineo®.
We are not persuaded that the Board erred in analyzing the evidence provided by Amneal and its im- pact on whether a skilled artisan would have had a reason- able expectation of success in combining these prior art teachings to achieve the claimed invention.
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16 Other Fed Circuit mandate: Other fed circuit mandate

Document IPR2019-01095, No. 16 Other Fed Circuit mandate - Other fed circuit mandate (P.T.A.B. Sep. 16, 2022)
United States Court of Appeals for the Federal Circuit
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2019-
In accordance with the judgment of this Court, entered March 14, 2022, and pursuant to Rule 41 of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued.
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17 Other other court decision: Other other court decision

Document IPR2019-01095, No. 17 Other other court decision - Other other court decision (P.T.A.B. Sep. 16, 2022)
Almirall owns the ’219 patent, which relates to meth- ods of treating acne or rosacea with dapsone formulations that include an acrylamide/sodium acryloyldimethyl tau- rate copolymer (“A/SA”) thickening agent and the solvent diethylene glycol monoethyl ether (“DGME”).
As further discussed below, despite deter- mining that there was a presumption of obviousness, the Board also analyzed whether a person of ordinary skill in the art would have been motivated to combine Garrett with Nadau-Fourcade or Bonacucina to arrive at the claims with a reasonable expectation of success.
The Board relied on prior art and expert testimony in determining that a person of ordinary skill would have recognized Carbopol® and Sepineo® as closely related gel- ling agents that could be interchangeably used in dapsone formulations in the same concentration range.
We are therefore not persuaded that the Board erred in analyzing the evidence provided by Amneal and its impact on whether a skilled artisan would have had a reasonable expectation of success in combining these prior art teachings to achieve the claimed invention.
Amneal coun- ters that the Board relied on expert testimony in correctly determining that a person of ordinary skill would have had a reasonable expectation of success because Bonacucina taught using Sepineo® at overlapping concentrations and because carbomers had known drawbacks which were re- solved by Sepineo®.
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68 Order Other: Order Denying Request for Director Review

Document IPR2019-00207, No. 68 Order Other - Order Denying Request for Director Review (P.T.A.B. Sep. 28, 2021)
Before ANDREW HIRSHFELD, Commissioner for Patents, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
The Office has received a request for Director review of the Final Written Decision in this case.
The request was referred to Mr. Hirshfeld, Commissioner for Patents, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
It is ORDERED that the request for Director review is denied; and FURTHER ORDERED that the Patent Trial and Appeal Board’s Final Written Decision is the final decision of the agency.
Patent 9,517,219 B2 For PETITIONER: Representing Amneal Pharmaceuticals LLC and Amneal Pharmaceuticals of New York, LLC: Dennies Varughese Adam LaRock Tyler Liu
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63 Order Conduct of Proceeding: CONDUCT OF THE PROCEEDINGExpunging Un...

Document IPR2019-00207, No. 63 Order Conduct of Proceeding - CONDUCT OF THE PROCEEDINGExpunging Unauthorized New Evidence37 CFR ¿¿ 427 (P.T.A.B. Aug. 20, 2020)

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