Kaken, Bausch Get Shot to Save Nail Fungus Treatment Patent
Written March 20, 2020
The US Court of Appeals for the Federal Circuit on March 13, 2020, overturned the Patent Trial and Appeal Board’s (PTAB) unpatentability determination for a nail-fungus treatment patent. Kaken Pharm. Co. v. Iancu, Fed. Cir., No. 18-2232, 3/13/20.
The PTAB wrongly interpreted terms of the patent in deciding it was obvious based on prior art, the court said.
Kaken and Bausch own US Patent No. 7,214,506, covering their Jublia topical solution for treating onychomycosis toenail fungus. Acrux Ltd. challenged the patent’s validity at the PTAB, which invalidated it based on prior art.
Kaken argued the board canceled the patent based on an incorrect interpretation of its terms, which “ignores the ’506 patent’s core innovation—a topical treatment that can easily penetrate the tough keratin in the nail plate.” The Federal Circuit agreed.