Argentum Pharmaceuticals LLC said the US Patent & Trademark Office granted Argentum’s petition for inter partes review (IPR) against all patent claims in the first patent listed in the Food & Drug Administration’s Orange Book as covering Valeant Pharmaceuticals’ toenail fungus treatment Jublia (efinaconazole topical solution 10%).
Argentum said it is challenging all claims of US Patent No. 7,214,506 (‘506 patent).
Argentum said the PTO concluded that Argentum “has established a reasonable likelihood that it would prevail in showing the unpatentability of each of the challenged claims of the ‘506 patent.”
The decision marks the beginning of an IPR trial that will be conducted by three specialist patent judges within the PTO’s Patent Trial & Appeal Board.
A final decision on patentability in the IPR is due by May 1, 2018, Argentum said.