Propofol – USA

Propofol – USA

Decision on IPR:
AIA Review
Filing Date
Institution Date
Petitioner
Patent
Respondent
Status
IPR2016-00254
11/25/2015
06/08/2016
Bass, J Kyle
8,476,010
Fresenius Kabi USA, LLC
Final Written Decision – Jun 7, 2017
(Claims 1, 13–15, 17, 18, 20, and 24–28 are unpatentable)
On US’010 DRL also filed IPR (IPR2015-00715) on Feb 06, 2015 which was not instituted.

J Kyle Bass and Erich Spangenberg (collectively, “Petitioner”) filed a Petition requesting an inter partes review of claims 1, 13–15, 17, 18, 20, and 24–28 of U.S. Patent No. 8,476,010 B2. The ’010 patent relates to pharmaceutical formulations of propofol that are stored in containers having nonreactive, inert closures. On June 8, 2016, PTAB instituted an inter partes review of claims 1, 13–15, 17, 18, 20, and 24–28 of the ’010 patent on two grounds of obviousness.

Reference
Basis
Claims challenged
Diprivan PDR in view of Farinotti and van den Heuvel
§ 103
1, 13–15, 17, 18, 20, and 24–28
Diprivan PDR in view of Farinotti and Lundgren
§ 103
1, 13–15, 17, 18, 20, and 24–28
An oral hearing was held on March 13, 2016. This Final Written Decision is issued pursuant to 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73 & PTAB determined that Petitioner has shown by a preponderance of the evidence that claims 1, 13–15, 17, 18, 20, and 24–28 of the ’010 patent are unpatentable.
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