In today’s decision, the PTO concluded that Argentum “satisfied its burden of demonstrating, by a preponderance of the evidence, that the subject matter of claims 1-20 would have been obvious,” and therefore ordered “that claims 1-20 are held unpatentable.”
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[17-January-2018] |
NEW YORK, Jan. 17, 2018 /PRNewswire/ -- Today, the U.S. Patent & Trademark Office (PTO) issued a final written decision in Argentum Pharmaceuticals' inter partes review (IPR) against the sole unexpired patent listed as covering Janssen Oncology, Inc.'s ZYTIGA® (abiraterone acetate) drug in the Food & Drug Administration's Orange Book. Janssen Oncology, Inc. is a subsidiary of Johnson & Johnson. Argentum challenged all claims (claims 1−20) of Janssen's U.S. Patent No. 8,822,438, which the Orange Book states will expire in August 24, 2027. In today's decision, the PTO concluded that Argentum "satisfied its burden of demonstrating, by a preponderance of the evidence, that the subject matter of claims 1-20 would have been obvious," and therefore ordered "that claims 1-20 are held unpatentable." Argentum Pharmaceuticals' CEO Jeffrey Gardner issued the following statement regarding the ruling: About Argentum Pharmaceuticals Argentum is a generic drug company with core competencies in intellectual property and pharmaceutical operations. By working with branded and generic pharmaceutical companies and healthcare payors, Argentum intends to reduce the overall cost of prescription drugs by challenging patents that are not innovative and which artificially support high drug prices. http://www.argentumpharmaceuticals.com
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