This article discusses a pair of Federal Circuit decisions made today regarding Inter Partes Reviews (IPRs) 2014-00693 and 2014-00752 (IPRs allow for challenging the validity of patents based on 35 USC 102 and 103, i.e. prior art and non-obviousness). These IPRs relate to US Patent 8,133,903, the assignee of which is Los Angeles Biomedical Research Institute at Harbor—UCLA Medical Center (LAB). Patent ‘903 includes five claims, one independent (claim 1) and four dependent (claims 2-5):
- A treatment utilizing a type 5 phosphodiesterase (PDE5) inhibitor in a long-term course to halt or treat either penile tunical fibrosis or corporal tissue fibrosis.
- The type of drug utilized in the treatment.
- The specific types of fibrosis-related conditions.
- The method of treatment administration.
- The duration of the treatment.
PDE5 inhibitors include Cialis, which is produced by Eli Lilly. As such, LAB filed a lawsuit in 2013 on the grounds that Eli Lilly’s marketing strategies of Cialis infringed upon their patent, stating that "[l]ong-term administration of Cialis on a once daily basis for the treatment of [erectile dysfunction] results in the arrest or regression of penile tunical fibrosis and corporal tissue fibrosis.”Read More