Finnegan successfully defends Incyte against institution of PGR proceeding

Finnegan successfully defended Incyte Corp. against institution of a post-grant review (PGR) proceeding filed against Incyte’s patent covering deuterated versions of the active ingredient in its FDA-approved Jakafi® product (ruxolitinib). The Patent Trial and Appeal Board (PTAB)’s decision wholly adopted many sections from Incyte’s preliminary response and agreed that petitioner had failed to establish any lack of enablement or written description support in the patent’s priority documents, thus concluding that the patent was not PGR eligible. Petitioner filed a rehearing request, which the PTAB also denied, resulting in a win for our client.