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Pat has a Ph.D. in Microbiology and Immunology from The University of Health Sciences / The Chicago Medical School (now the Rosalind Franklin Institute (North…

Pat has a Ph.D. in Microbiology and Immunology from The University of Health Sciences / The Chicago Medical School (now the Rosalind Franklin Institute (North Chicago, IL) (1994)). He also completed post-doctoral studies at The National Cancer Institute (1994-1996) where he developed novel approaches for gene therapy of melanoma. Pat has been an attorney (IL) since 1999 after graduating from Chicago-Kent College of Law, which was recently ranked as one of the top five law schools for Intellectual Property in the U.S. (U.S. News and World Report link). Pat also has a B.A. in Biology from Augustana College (Rock Island, IL; 1989) where he was on two NCAA Division III National Championship football teams (1985, 1986). He currently resides in Center Valley, PA.

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Sumitomo Pharma Co., Ltd. v. USPTO (Intervenor)

Docket No. 2022-2276 (IPR2020-01053) (https://cafc.uscourts.gov/opinions-orders/22-2276.OPINION.4-5-2024_2296961.pdf)

TARANTO, HUGHES, CUNNINGHAM

April 5, 2024

Brief Summary:  Sumimoto’s appeal of IPR obviousness decision vacated and remanded for dismissal as the disputed patent was expired as of the appeal and Sumimoto had no interest in past or future infringement.

Summary:   Sumimoto appealed IPR decision finding all 75 claims of US 5,532,372 directed to “[a] method for treating schizophrenia in a patient without a clinically significant weight gain” (“weight gain being a recognized adverse side-effect of many antipsychotic drugs”) using lurasidone.  The FC panel opinion is focused

Continue Reading IPR obviousness decision vacated and remanded as patent expired and Sumimoto had no “interest in any forward-looking exclusion” or past infringement by unlicensed sales (IPR addresses “patient” vs. population but not discussed here)

About

Pat has a Ph.D. in Microbiology and Immunology from The University of Health Sciences / The Chicago Medical School (now the Rosalind Franklin Institute (North…

Pat has a Ph.D. in Microbiology and Immunology from The University of Health Sciences / The Chicago Medical School (now the Rosalind Franklin Institute (North Chicago, IL) (1994)). He also completed post-doctoral studies at The National Cancer Institute (1994-1996) where he developed novel approaches for gene therapy of melanoma. Pat has been an attorney (IL) since 1999 after graduating from Chicago-Kent College of Law, which was recently ranked as one of the top five law schools for Intellectual Property in the U.S. (U.S. News and World Report link). Pat also has a B.A. in Biology from Augustana College (Rock Island, IL; 1989) where he was on two NCAA Division III National Championship football teams (1985, 1986). He currently resides in Center Valley, PA.

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