PTAB Issues Final Written Decisions Finding Claims of Tocilizumab-related Patents Invalid

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On August 29, 2023, the PTAB issued final written decisions in IPR2022-00578 and IPR2022-00579, filed by Celltrion on two patents related to tocilizumab — U.S. Patent Nos. 8,580,264 and 10,874,677, owned by Chugai Seiyaku Kabushiki Kaisa, Genentech, Inc, and Hoffmann La Roche, Inc.  The ’264 patent claims are directed to methods of treating rheumatoid arthritis (RA) with a subcutaneous fixed dose of an anti-IL-6 receptor antibody, and the ’677 patent claims are directed to a subcutaneous administration device which contains and delivers tocilizumab.  The PTAB ruled that all challenged claims (1-12) of the ’264 patent are invalid as obvious and/or anticipated by prior art references, and that all challenged claims (1-8) of the ’677 patent are invalid as obvious.

Check out our PTAB Tracker for information on pending and concluded IPRs on tocilizumab and other biosimilar products.

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