In a recent decision, the full Federal Circuit has declined to review a panel ruling, from late last year, regarding a dispute involving a patent for a pulmonary hypertension drug. This non-action follows a prior decision from the Patent Trial and Appeal Board, which found that the method of administering the drug was not patentable.
The contentious case, centred around a method for delivering the pulmonary hypertension treatment, Tyvaso. A panel formed last year sided with an earlier decision from the Patent Trial and Appeal board, ruling that there was no patentable novelty in the administration of the drug.
With the full Federal Circuit now declining to review this panel decision, the state of the patent appears to be final. The battle for patent rights seems to have run its course, and the method of administering Tyvaso will remain without patent protection.
Fed Circuit decisions play a crucial role in shaping patent laws and this particular decision reinforces the rigidity of criteria for patent eligibility. The official documents relating to this case, as well as further analysis, can be found here.