CAFC Reverses USPTO Ruling on Leo Pharma Patent

The Federal Circuit reversed a USPTO decision of obviousness and claim construction on Leo Pharmaceutical Products Ltd.’s psoriasis drug patent on Monday, August 12, 2013. The Federal Circuit’s decision to reverse the USPTO’s conclusion (Director Rea) that the patent was unpatentable was made after finding that Leo Pharmaceutical’s invention solved the long-felt but unmet need of storage stability of the drug, which the prior art did not address. The Federal Circuit also found that the USPTO erred in its claim construction of “storage stable” in the reexamined patent claims. BSKB’s Andrew Meikle, Leonard Svensson, and Eugene Perez are among the representatives of Leo Pharmaceuticals Products Ltd. The inter partes reexamination control number is 95/000153 and was originally filed in 2006.

The decision was reported by Law360, and subscribers can read the full article here.

The full text of the decision can be read here.