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Federal Circuit: PTAB Did Not Err In Finding That It Retained Authority to Issue Final Written Decision After Deadline Passed
On Nov. 21, 2023, a Federal Circuit panel of Judges Dyk, Hughes, and Stoll issued a unanimous opinion, authored by Judge Dyk, in Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc., Case No. 2022-1482. The panel affirmed the Patent Trial and Appeal Board's (the Board) decision denying Purdue Pharma L.P. and Purdue Pharmaceuticals L.P.'s (collectively Purdue) motion to terminate Post Grant Review (PGR) proceedings and finding that claims 1–17 of Purdue's U.S. Patent No. 9,693,961 ('961 patent) are invalid for lack of written description and anticipation. Slip Op. at 1.
The '961 patent is directed to a method for preparing an abuse deterrent for use with opioid analgesics. Id. at 2–3. Purdue sued Collegium Pharmaceutical, Inc. (Collegium) for infringement of the '961 patent in September 2017, and Collegium thereafter petitioned the Board for PGR of claims 1–17 on grounds that they lacked a sufficient written description. Id. at 3. The district court infringement case proceeded in parallel to the PGR. Id. The Board had one year to issue a Final Written Decision (FWD), subject to a six-month extension by the Chief Administrative Patent Judge for good cause. Id at 4.
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The Article 8 Opt In
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