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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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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