NEW YORK, Sept. 19, 2016 /PRNewswire/ — Today, the U.S. Patent & Trademark Office (PTO) granted Argentum Pharmaceuticals LLC’s petition for inter partes review (IPR) against all claims of the sole unexpired patent listed as covering Janssen Oncology, Inc.’s ZYTIGA® (abiraterone acetate) drug in the Food & Drug Administration’s Orange Book that will remain after Janssen’s initial patent on the drug expires later this year. Argentum challenges claims 1−20 of Janssen’s U.S. Patent No. 8,822,438, which the Orange Book states will expire in 2027.
The PTO concluded that Argentum has established a “reasonable likelihood that it will prevail with respect to its challenge to claims 1−20 of the ‘438 patent on the asserted grounds.” The decision marks the beginning of an IPR trial that will be conducted by three specialist patent judges within the PTO’s Patent Trial & Appeal Board. A final decision on patentability in the IPR is due within 1 year.