Apotex Fails in Tribunal Challenge to UCB Biopharma Patent

Bloomberg Law reported that the Patent Trial and Appeal Board ruled in favor of UCB Biopharma SPRL, upholding its antihistamine patent.

According to Bloomberg Law, the Board’s determination came in an inter partes review of UCB’s U.S. Patent No. 8,633,194, which covers liquid levocetirizine formations substantially free of bacteria, after Apotex failed to show that the patent claims are unpatentable.

The publication reported that UCB and parent Belgian pharmaceutical maker UCB SA originally filed suit against Apotex in 2018, arguing that Apotex’s selling of a generic version of Xyzal Allergy 24HR would infringe its patent.

UCB is represented by Fenwick intellectual property litigation partners Robert Counihan and James Trainor, as well as associate Erica Sutter.

The full article is available on Bloomberg Law (subscription required).​​