Kyle Hoellger
Dec 11, 2014

Supernus Patents Survive IPR

Supernus Pharmaceuticals, maker of the skin treatment Oracea, has received a favorable ruling from the US Patent Trial and Appeal Board (PTAB). The ruling, which was issued in response to a challenge brought my generic drug maker Amneal Pharmaceuticals over the validity of three Supernus patents, stated that the claims covering Oracea were non-obvious and therefore valid. This decision marks the first upholding of pharmaceutical patents following an inter partes review (IPR) under the Hatch-Waxman act, a law that was designed to encourage generic drug development in hopes of lowering prices through competition.