Analysis Group Clients Prevail in PTAB Rulings Involving Patent Challenges to NSAID Drug Prolensa
August 23, 2016
Since the creation of the PTAB in 2012, which established new processes for post-grant and inter partes patent reviews, many US patents have been invalidated. Patent owners have had particular difficulty demonstrating commercial success, which requires an assessment of the marketplace success of the patent-practicing product and a showing of a sufficient causal nexus between the marketplace success of the patented product and the claimed advantages of the patent. These PTAB rulings, which credited Mr. Jarosz's expert testimony and analysis as evidence of commercial success, found that Prolensa has enjoyed substantial commercial success and that petitioners had not shown that the patents are invalid as obvious.