PTAB institutes Mylan IPR challenges on Allergan patents for RESTASIS
Last week the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) instituted six separate inter partes reviews (IPRs) against patents owned by Allergan plc, which cover RESTASIS®. Each of the patents is listed in FDA’s Orange Book and are set to expire on August 27, 2024. Each of these patents, with the exception of the ‘191 patent, were previously challenged by Apotex Corporation in IPRs filed on June 4, 2015. The Apotex IPRs were settled on December 16, 2015, prior to any decision on institution.