Federal Circuit Finds Deuterated Analogs Of Small Molecule Drug Obvious, PTAB Litigation Blog
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On August 22, 2023, the Federal Circuit issued a nonprecedential decision holding that claims directed to deuterated analogs of ruxolitinib were unpatentable as obvious. Sun Pharm. Indus., Inc. v. Incyte Corp., No. 2019-2011, Document No. 117 (Fed. Cir. August 22, 2023) (“Sun”). The Federal Circuit affirmed a Patent and Trial Appeal Board (“Board”) decision from IPR2017-01256 that held unpatentable all claims of U.S. Patent No. 9,249,149 (“the ’149 patent”).
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