Ikaria Defeats Praxair’s Inter Partes Review Directed to Four Patents Protecting Ikaria’s INOmax® nitric oxide product
On July 29, 2015, Fitzpatrick secured wins for its client Ikaria, defeating Praxair Distribution four inter partes review challenges to patents that protect Ikaria’s highly successful INOmax® nitric oxide product. INOmax® is used to treat neonates with hypoxic respiratory failure associated with pulmonary hypertension. The challenged patents relate to methods of safely administering INOmax® to children with life threatening heart conditions. The PTAB found there was no reasonable likelihood that Praxair would prevail on any of the challenged claims for several reasons, including that Praxair failed to show that one skilled in the art would reasonably expect that the children at issue would have even experienced serious adverse events (particularly since experts in the filed who designed the INOT22 study did not exclude those children from the original protocol) and Praxair failed to address the evidence in the file history of those patents.
The Fitzpatrick attorneys representing Ikaria are Dominick A. Conde, Raymond R. Mandra, William E. Solander, Melinda R. Roberts and Jayita Guhaniyogi.
The cases are Praxair Distribution, Inc. v. Ino Therapeutics, Inc. d/b/a Ikaria, Inc. (IPR2015-00522; IPR2015-00524; IPR2015-00525; IPR2015-00526) pertaining to U.S. Patent Nos. 8,282,966; 8,293,284; 8,431,163; and 8,795,741. Fitzpatrick is also representing Ikaria in an ongoing Hatch-Waxman litigation on the same patents.