About the PTAB Life Sciences Report:  Each month we will report on developments at the PTAB involving life sciences patents.

Teva Pharmaceuticals USA, Inc. v. Allergan, Inc.

PTAB Petition:  IPR2017-00576; filed January 6, 2017.

Patent at Issue:  U.S. Patent No. 8,685,930 ("Methods of providing therapeutic effects using cyclosporin components," issued April 1, 2014) claims a topical ophthalmic emulsion for treating an eye of a human having keratoconjunctivitis sicca, wherein the topical ophthalmic emulsion comprises cyclosporin A.

Petitioner Teva Pharmaceuticals USA, Inc. is challenging the '930 patent on three grounds as being anticipated under 35 U.S.C. § 102(b) (ground 1) or as obvious under 35 U.S.C. § 103(a) (grounds 2 and 3).  View the petition here.  Petitioners are also seeking joinder to IPR2016-01127 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016) through 35 U.S.C. § 315(c) and 37 C.F.R. §§ 42.22 and 42.122(b).  View the motion here.

Related Matters:  According to the petition, the '930 patent is involved in litigations captioned Allergan, Inc. v. Famy Care Ltd., No. 2:16-cv-0401 (E.D. Tex.); Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-01455 (E.D. Tex.); and Allergan, Inc., v. Innopharma, Inc. and Pfizer, Inc., No. 2:15-cv-1504 (E.D. Tex.).  Also, the '930 patent was the subject of IPR2015-01283 (Petitioners Apotex Corp. and Apotex Inc.; filed 06/04/2015; terminated through settlement 12/16/2015); and IPR2016-01127 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016).

Teva Pharmaceuticals USA, Inc. v. Allergan, Inc.

PTAB Petition:  IPR2017-00578; filed January 6, 2017.

Patent at Issue:  U.S. Patent No. 8,629,111 ("Methods of providing therapeutic effects using cyclosporin components," issued February 11, 2014) claims a topical ophthalmic emulsion comprising cyclosporin A.

Petitioner Teva Pharmaceuticals USA, Inc. is challenging the '111 patent on three grounds as being anticipated under 35 U.S.C. § 102(b) (ground 1) or as obvious under 35 U.S.C. § 103(a) (grounds 2 and 3).  View the petition here.  Petitioner is also seeking joinder to IPR2016-01128 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016) through 35 U.S.C. § 315(c) and 37 C.F.R. §§ 42.22 and 42.122(b).  View the motion here.

Related Matters:  According to the petition, the '111 patent is involved in litigations captioned Allergan, Inc. v. Famy Care, Ltd., No. 2:16-cv-0401 (E.D. Tex.); Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-01455 (E.D. Tex.); and Allergan, Inc., v. Innopharma, Inc. and Pfizer, Inc., No. 2:15-cv-1504 (E.D. Tex.).  Also, the '111 patent was the subject of IPR2015-01282 (Petitioners Apotex Corp. and Apotex Inc.; filed 06/04/2015; terminated through settlement 12/16/2015); and IPR2016-01128 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016).

Teva Pharmaceuticals USA, Inc. v. Allergan, Inc.

PTAB Petition:  IPR2017-00579; filed January 6, 2017.

Patent at Issue:  U.S. Patent No. 8,642,556 ("Methods of providing therapeutic effects using cyclosporin components," issued February 4, 2014) claims a topical ophthalmic emulsion for treating a human eye comprising cyclosporin A.

Petitioner Teva Pharmaceuticals USA, Inc. is challenging the '556 patent on five grounds as being anticipated under 35 U.S.C. § 102(b) (ground 1) or as obvious under 35 U.S.C. § 103(a) (grounds 2 through 5).  View the petition here.  Petitioner is also seeking joinder to IPR2016-01129 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016) through 35 U.S.C. § 315(c) and 37 C.F.R. §§ 42.22 and 42.122(b).  View the motion here.

Related Matters:  According to the petition, the '556 patent is involved in litigations captioned Allergan, Inc. v. Famy Care, Ltd., No. 2:16-cv-0401 (E.D. Tex.); Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-01455 (E.D. Tex.); and Allergan, Inc., v. Innopharma, Inc. and Pfizer, Inc., No. 2:15-cv-1504 (E.D. Tex.).  Also, the '556 patent was the subject of IPR2015-01286 (Petitioners Apotex Corp. and Apotex Inc.; filed 06/04/2015; terminated through settlement 12/16/2015); and IPR2016-01129 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016).

Teva Pharmaceuticals USA, Inc. v. Allergan, Inc.

PTAB Petition:  IPR2017-00583; filed January 6, 2017.

Patent at Issue:  U.S. Patent No. 8,633,162 ("Methods of providing therapeutic effects using cyclosporin components," issued February 4, 2014) claims a method of treating dry eye disease comprising topically administering an emulsion comprising cyclosporin A.

Teva Pharmaceuticals USA, Inc. is challenging the '162 patent on three grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.  Petitioner is also seeking joinder to IPR2016-01130 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016) through 35 U.S.C. § 315(c) and 37 C.F.R. §§ 42.22 and 42.122(b).  View the motion here.

Related Matters:  According to the petition, the '162 patent is involved in litigations captioned Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-01455 (E.D. Tex.); Allergan, Inc., v. Innopharma, Inc. and Pfizer, Inc., No. 2:15-cv-1504 (E.D. Tex.); and Allergan, Inc. v. Famy Care, Ltd., No. 2:16-cv-0401 (E.D. Tex.).  Also, the '162 patent was the subject of IPR2015-01278 (Petitioners Apotex Corp. and Apotex Inc.; filed 06/04/2015; terminated through settlement 12/16/2015); and IPR2016-01130 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016).

Teva Pharmaceuticals USA, Inc. v. Allergan, Inc.

PTAB Petition:  IPR2017-00585; filed January 6, 2017.

Patent at Issue:  U.S. Patent No. 8,648,048 ("Methods of providing therapeutic effects using cyclosporin components," issued February 11, 2014) claims method of increasing tear production in the eye of a human by topically administering an emulsion comprising cyclosporin A.

Petitioner Teva Pharmaceuticals USA, Inc. is challenging the '048 patent on three grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.  Petitioner is also seeking joinder to IPR2016-01131 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016) through 35 U.S.C. § 315(c) and 37 C.F.R. §§ 42.22 and 42.122(b).  View the motion here.

Related Matters:  According to the petition, the '048 patent is involved in litigations captioned Allergan, Inc. v. Famy Care, Ltd., No. 2:16-cv-0401 (E.D. Tex.); Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-01455 (E.D. Tex.); and Allergan, Inc., v. Innopharma, Inc. and Pfizer, Inc., No. 2:15-cv-1504 (E.D. Tex.).  Also, the '048 patent was the subject of IPR2015-01284 (Petitioners Apotex Corp. and Apotex Inc.; filed 06/04/2015; terminated through settlement 12/16/2015); and IPR2016-01131 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016).

Akorn Inc. v. Allergan, Inc.

PTAB Petition:  IPR2017-00594; filed January 6, 2017.

Patent at Issue:  U.S. Patent No. 8,685,930 ("Methods of providing therapeutic effects using cyclosporin components," issued April 1, 2014) claims a topical ophthalmic emulsion for treating an eye of a human having keratoconjunctivitis sicca, wherein the topical ophthalmic emulsion comprises cyclosporin A.

Petitioner Akorn Inc. is challenging the '930 patent on three grounds as being anticipated under 35 U.S.C. § 102(b) (ground 1) or as obvious under 35 U.S.C. § 103(a) (grounds 2 and 3).  View the petition here.  Petitioners are also seeking joinder to IPR2016-01127 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016) through 35 U.S.C. § 315(c) and 37 C.F.R. §§ 42.22 and 42.122(b).  View the motion here.

Related Matters:  According to the petition, the '930 patent is involved in litigations captioned Allergan, Inc. v. Famy Care Ltd., No. 2:16-cv-0401 (E.D. Tex.); Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-01455 (E.D. Tex.); and Allergan, Inc., v. Innopharma, Inc. and Pfizer, Inc., No. 2:15-cv-1504 (E.D. Tex.).  Also, the '930 patent was the subject of IPR2015-01283 (Petitioners Apotex Corp. and Apotex Inc.; filed 06/04/2015; terminated through settlement 12/16/2015); and IPR2016-01127 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016).

Akorn Inc. v. Allergan, Inc.

PTAB Petition:  IPR2017-00596; filed January 6, 2017.

Patent at Issue:  U.S. Patent No. 8,629,111 ("Methods of providing therapeutic effects using cyclosporin components," issued February 11, 2014) claims a topical ophthalmic emulsion comprising cyclosporin A.

Petitioner Akorn Inc. is challenging the '111 patent on three grounds as being anticipated under 35 U.S.C. § 102(b) (ground 1) or as obvious under 35 U.S.C. § 103(a) (grounds 2 and 3).  View the petition here.  Petitioner is also seeking joinder to IPR2016-01128 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016) through 35 U.S.C. § 315(c) and 37 C.F.R. §§ 42.22 and 42.122(b).  View the motion here.

Related Matters:  According to the petition, the '111 patent is involved in litigations captioned Allergan, Inc. v. Famy Care, Ltd., No. 2:16-cv-0401 (E.D. Tex.); Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-01455 (E.D. Tex.); and Allergan, Inc., v. Innopharma, Inc. and Pfizer, Inc., No. 2:15-cv-1504 (E.D. Tex.).  Also, the '111 patent was the subject of IPR2015-01282 (Petitioners Apotex Corp. and Apotex Inc.; filed 06/04/2015; terminated through settlement 12/16/2015); and IPR2016-01128 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016).

Akorn Inc. v. Allergan, Inc.

PTAB Petition:  IPR2017-00598; filed January 6, 2017.

Patent at Issue:  U.S. Patent No. 8,642,556 ("Methods of providing therapeutic effects using cyclosporin components," issued February 4, 2014) claims a topical ophthalmic emulsion for treating a human eye comprising cyclosporin A.

Petitioner Akorn Inc. is challenging the '556 patent on five grounds as being anticipated under 35 U.S.C. § 102(b) (ground 1) or as obvious under 35 U.S.C. § 103(a) (grounds 2 through 5).  View the petition here.  Petitioner is also seeking joinder to IPR2016-01129 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016) through 35 U.S.C. § 315(c) and 37 C.F.R. §§ 42.22 and 42.122(b).  View the motion here.

Related Matters:  According to the petition, the '556 patent is involved in litigations captioned Allergan, Inc. v. Famy Care, Ltd., No. 2:16-cv-0401 (E.D. Tex.); Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-01455 (E.D. Tex.); and Allergan, Inc., v. Innopharma, Inc. and Pfizer, Inc., No. 2:15-cv-1504 (E.D. Tex.).  Also, the '556 patent was the subject of IPR2015-01286 (Petitioners Apotex Corp. and Apotex Inc.; filed 06/04/2015; terminated through settlement 12/16/2015); and IPR2016-01129 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016).

Akorn Inc. v. Allergan, Inc.

PTAB Petition:  IPR2017-00599; filed January 6, 2017.

Patent at Issue:  U.S. Patent No. 8,633,162 ("Methods of providing therapeutic effects using cyclosporin components," issued February 4, 2014) claims a method of treating dry eye disease comprising topically administering an emulsion comprising cyclosporin A.

Petitioner Akorn Inc. is challenging the '162 patent on three grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.  Petitioner is also seeking joinder to IPR2016-01130 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016) through 35 U.S.C. § 315(c) and 37 C.F.R. §§ 42.22 and 42.122(b).  View the motion here.

Related Matters:  According to the petition, the '162 patent is involved in litigations captioned Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-01455 (E.D. Tex.); Allergan, Inc., v. Innopharma, Inc. and Pfizer, Inc., No. 2:15-cv-1504 (E.D. Tex.); and Allergan, Inc. v. Famy Care, Ltd., No. 2:16-cv-0401 (E.D. Tex.).  Also, the '162 patent was the subject of IPR2015-01278 (Petitioners Apotex Corp. and Apotex Inc.; filed 06/04/2015; terminated through settlement 12/16/2015); and IPR2016-01130 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016).

Akorn Inc. v. Allergan, Inc.

PTAB Petition:  IPR2017-00600; filed January 6, 2017.

Patent at Issue:  U.S. Patent No. 8,648,048 ("Methods of providing therapeutic effects using cyclosporin components," issued February 11, 2014) claims method of increasing tear production in the eye of a human by topically administering an emulsion comprising cyclosporin A.

Petitioner Akorn Inc. is challenging the '048 patent on three grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.  Petitioner is also seeking joinder to IPR2016-01131 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016) through 35 U.S.C. § 315(c) and 37 C.F.R. §§ 42.22 and 42.122(b).  View the motion here.

Related Matters:  According to the petition, the '048 patent is involved in litigations captioned Allergan, Inc. v. Famy Care, Ltd., No. 2:16-cv-0401 (E.D. Tex.); Allergan, Inc. v. Teva Pharmaceuticals USA, Inc., et al., No. 2:15-cv-01455 (E.D. Tex.); Allergan, Inc., v. DEVA Holding A.S., No. 2:16-cv-14-01447; Allergan, Inc., v. Twi Pharmaceuticals, Inc. et al., No. 2:16-cv-00820 (E.D. Tex.); and Allergan, Inc., v. Innopharma, Inc. and Pfizer, Inc., No. 2:15-cv-1504 (E.D. Tex.).  Also, the '048 patent was the subject of IPR2015-01284 (Petitioners Apotex Corp. and Apotex Inc.; filed 06/04/2015; terminated through settlement 12/16/2015); and IPR2016-01131 (Mylan Pharmaceuticals v. Allergan, Inc.; filed 6/3/2016; instituted 12/8/2016).