Regents of the University of Minnesota v. Gilead Sciences, Inc.
Docket No. 2021-2168 (IPR 2017-01712) (https://cafc.uscourts.gov/opinions-orders/21-2168.OPINION.3-6-2023_2090143.pdf)
LOURIE, DYK, STOLL
March 6, 2023
Brief Summary: Board IPR FWD finding UM’s genus claims lack a sufficient written description in priority applications and are therefore anticipated affirmed.
Summary: UM appealed USPTO Board IPR final written decision (FWD) holding claims 1-9, 11-21 and 23-28 of US 8,815,830 “directed to phosphoramidate prodrugs of nucleoside derivatives that prevent viruses from reproducing or cancerous tumors from growing” (claim 1, including multiple Markush groups, patent including separately claimed subgenera). Gilead’s FDA approved sofosbuvir used to