On June 3, 2022, the PTAB instituted inter partes review of U.S. Patent No. 9,750,752 (“the ’752 patent”), owned by Chugai and Roche.  Fresenius filed a petition for inter partes review of claims 1-16 of the ‘752 patent, directed to methods of treating giant cell arteritis by subcutaneously administering tocilizumab.  The PTAB addressed only one of the two obviousness grounds raised by Fresenius, and concluded that Fresenius had shown a reasonable likelihood that it would prevail and therefore instituted on all grounds as required under SAS.

This latest institution decision follows five earlier PTAB decisions instituting inter partes review of tocilizumab patents challenged by Fresenius.  On March 3, 2022, the PTAB issued a decision instituting inter partes review of claims 4, 5, and 2 of U.S. Patent 8,580,264 (“the ‘264 patent”).  On February 23, 2022, the PTAB issued a decision instituting inter partes review of claims 1-3 and 6-11 of the ‘264 patent, and another decision instituting on all claims of U.S. Patent No. 10,874,677, owned by Chugai, Roche, and Genentech.  On January 6, 2022, the PTAB had also instituted inter partes review of two other patents owned by Chugai and Roche, directed to methods of treating rheumatoid arthritis.

Check out the Big Molecule Watch IPR Tracker for further updates on these IPRs.

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