Sughrue Team Emerges Victorious in two PTAB proceedings
Sughrue attorneys Michael Dzwonczyk, Chid Iyer and Azy Kokabi along with several codefendants in Eli Lilly and Company et al. v. Accord Healthcare, et al. (S.D. In.), successfully challenged every claim of two Orange Book listed patents in an inter partes review proceeding (IPR) at the U.S. Patent Office. On September 12, 2016, The PTAB found that claims 1-27 of Daiichi Sankyo's and Ube Industries' U.S. Patent No. 8,404,703 and claims 1-26 of U.S. Patent No. 8,569,325 were unpatentable based on prior art that showed every limitation of the challenged claims would have been obvious. Rejecting patent owners' claims that administering a combination of prasugrel and aspirin yielded surprising and unexpected results, the PTAB found that the difference in net clinical benefit between the claims and those of the prior art was merely one of degree, not one in kind.