The U.S. Patent and Trademark Office (USPTO) Patent Trials and Appeal Board (PTAB) recently upheld four patents held by Acorda Therapeutics Inc. related to its AMPYRA (dalfampridine) Extended Release Tablets in 10 mg dosages.
“The court decision reflects the merits of the case we presented and the validity and strength of our intellectual property for AMPYRA,” Acorda President and CEO Dr. Ron Cohen said. “Medical innovation depends on the recognition of valid intellectual property claims. Our in-house legal team and external counsel presented a compelling case, and will continue to defend the validity of our intellectual property rights for AMPYRA.”
The patents challenged through the inter parties review (IPR) process included: U.S. Patent No. 8,663,685, set to expire in 2025; U.S. Patent No. 8,440,703, set to expire in 2025; U.S. Patent No. 8,354,437, set to expire in 2026; and U.S. Patent No. 8,007,826, set to expire in 2027.
External council for this challenge was provided by Paul Hastings LLP and comprised Gerald Flattmann, Naveen Modi, Thomas Phalen, Michael Stamiello, Daniel Zeilberger, and Lucas Kressel.
Acorda is awaiting the results of a challenge to these patents, along with AMPYRA-related U.S. Patent No. 5,540,938, filed with the U.S. District Court for the District of Delaware.