PTAB Allows Shire To Amend Adderall Patent In AIA Review
In an April 3 Law360 article, Joseph Robinson, Bob Schaffer and Dustin Weeks were mentioned for their successful representation of Shire, which last week was granted a very rare motion by the Patent Trial and Appeal board to amend a patent in an American Invents Act review. The patent, related to the medication Adderall XR, was part of an infringement lawsuit that Shire initially filed in 2014 after Amerigen sought FDA approval to market a generic version; in April 2016 the PTAB agreed to review part of the patent, determining that Amerigen Pharmaceuticals Ltd. had shown the claims were likely invalid. Shire then asked to cancel all challenged claims and propose a substitute claim to amend the patent.