Mondaq Business Briefing

Declarations as New Evidence to Overcome S. 325(d)

We have published other blog postings relating to 35 U.S.C. s.325(d), including a blog posting that addresses the PTAB's October 24, 2017 notice designating three of its decisions as informative (here). Recently, the PTAB instituted an inter partes review of US Patent No. 7,049,328 (the "'328 patent") issued to Apotex Technologies, Inc. (IPR2017-01446) in view of a reference the USPTO had already considered during prosecution.

The '328 patent is directed to using deferiprone, an iron chelating drug, to treat patients who require regular transfusions of red blood cells by stabilizing or reducing iron overload in their hearts. Claim 1 is illustrative of the challenged claims and recites:

A method of treating iron induced cardiac disease in a blood transfusion dependent patient experiencing an iron overload condition of the heart, said method comprising administering to the patient a therapeutically effective amount of deferiprone or a physiologically acceptable salt thereof sufficient to stabilize/reduce iron accumulation in the heart resulting from being transfusion dependent. …

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