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PTAB institutes Lialda IPR, rejects Xyrem challenge

October 17, 2015 1:30 AM UTC

The Patent Trial and Appeal Board of the U.S. Patent and Trademark Office has instituted an inter partes review (IPR) petition from Kyle Bass' Coalition for Affordable Drugs challenging a patent for ulcerative colitis drug Lialda mesalamine from Shire plc (LSE:SHP; NASDAQ:SHPG) and denied the coalition's IPR challenge of a patent for narcolepsy drug Xyrem sodium oxybate from Jazz Pharmaceuticals Inc. (NASDAQ:JAZZ).

PTAB instituted Bass' IPR challenge of U.S. Patent No. 6,773,720, which covers controlled-release oral compositions containing 5-aminosalicylate (5-ASA) and is owned by the Cosmo Technologies Ltd. subsidiary of Cosmo Pharmaceuticals S.p.A. (SIX:COPN). Shire plc markets Lialda, which is 5-ASA mesalamine formulated using Multi-Matrix system (MMX) technology from Cosmo. ...