New York, October 16, 2014 – Kenyon & Kenyon LLP successfully represented our client Noven in an issue of first impression of interest to ANDA applicants and NDA holders before the Patent Trial and Appeal Board (PTAB). The PTAB opted to institute inter partes reviews (IPR) of two patents covering dementia treatment patch Exelon, finding that Noven, the petitioner, has shown a reasonable likelihood of prevailing on its challenged claims. The PTAB agreed with our client finding that a Paragraph IV certification does not count as the filing of a civil action for purposes of triggering the time bar for filing an IPR. The issue arose in IPR2014-549 and IPR2014-550, filed by the firm on behalf of Noven.


As released by the former Kenyon & Kenyon LLP.