IPR Process Instituted Against Shire's Lialda

A few months ago I wrote that:

 "This evening, Hayman Capital through the entity "Coalition For Affordable Drugs" filed a petition for Inter Parties Review on a patent controlled by Shire PLC. Importantly, the patent in question supports Shire's very profitable drug  LIALDA, which according to Shire's most recent investor presentation generated $634 million in sales in 2014, up 20% year over year.

Shire has initiated infringement cases concerning Patent #6773720 on numerous occasions over the past few years against generics that target the same health conditions in which LIALDA is prescribed to treat."

This afternoon, the PTAB instituted the IPR process. The order reads:

"For the reasons given, it is ORDERED that, pursuant to 35 U.S.C. § 314(a), inter partes review is instituted as to the ground of unpatentability that claims 1–4 of the ’720 patent would have been obvious over Groenendaal (Ex. 1005) and Leslie (Ex. 1003); FURTHER ORDERED that inter partes review commences on the entry date of this Order, and pursuant to 35 U.S.C. § 314(c) and 37 C.F.R. § 42.4, notice is hereby given of the institution of a trial; and FURTHER ORDERED that the trial is limited to the ground of unpatentability listed above, and no other ground of unpatentability is authorized for inter partes review."

You can read the decision here: IPR Decision

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