The PTAB has issued a Final Written Decision in IPR2016-00172, filed by Coherus, finding Abbvie’s U.S. Patent 8,889,135 unpatentable as obvious over the prior art. The ‘135 patent is directed to methods of treating rheumatoid arthritis with a human anti-tumor necrosis factor α (TNF) antibody.  Patent Owner tried to defend the patentability of the claim by, among other things, asserting the commercial success of Humira® (adalimumab) as a secondary consideration, but the Board found that Abbvie failed to establish a nexus between the commercial success and the claimed dosing regimen.

In another, parallel action at the PTO, Abbvie has successfully petitioned the PTO to extend the term of the ‘135 patent by almost 300 days – a result that will be meaningless unless AbbVie prevails in an appeal or rehearing of the IPR decision.