On Dec 12, 2017, The Federal Circuit upheld a Patent Trial and Appeal Board decision that invalidated Daiichi Sankyo’s patents US 8,404,703 and US 8,569,325 for anti-blood clot drug Effient (Prasugrel). In a one-line order (Rule 36 judgment), the Federal Circuit affirmed the Board’s decision after hearing arguments in the case on Friday. This was an appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2015-00864, IPR2015-00865, IPR2015-01881, IPR2015-01882. The Board had found in September 2016 that Daiichi Sankyo’s US’703 and US’325 patents, which claim the combination of anti-clotting agent prasugrel and aspirin are invalid as obvious over Coniglio, Bernat, Asai, and Koike prior arts.
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