Concert Pharmaceuticals, Inc. (NASDAQ: CNCE) today announced that the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office has issued a final written decision in connection with the inter partes review (IPR) of U.S. Patent No. 9,249,149 (the ‘149 patent). While PTAB found that the claims of the ‘149 patent are not patentable, the IPR decision is appealable to the U.S. Court of Appeals for the Federal Circuit, and Concert remains committed to defending the ‘149 patent. The ‘149 patent remains valid and enforceable until appeals have been exhausted.
“While we’re disappointed in this outcome, we believe we have strong arguments supporting the validity of our patent and intend to appeal the decision as we work to create additional intellectual property protecting CTP-543,” stated Roger Tung, Ph.D., President and Chief Executive Officer of Concert Pharmaceuticals. “We remain highly committed to the continued advancement of CTP-543 as a potential treatment for alopecia areata. The outcome of this proceeding does not prohibit us from developing CTP-543 for alopecia areata and our development timelines for CTP-543 remain on track. Importantly, today’s decision is specific to certain patent claims covering CTP-543 and does not affect other programs in our portfolio.”
In April 2017, Incyte filed a petition challenging the validity of the ‘149 patent. Documents relating to the IPR can be accessed online at: http://www.concertpharma.com/technology-overview/intellectual-property/
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