On February 28, 2017, the Patent Trial and Appeal Board ruled in favor of Finnegan client Pozen Inc., deciding that Lupin Ltd. had not shown that the challenged claims in two patents covering Vimovo (Pozen's arthritis and ulcer drug) were invalid.
The lawsuit came after Lupin sought regulatory approval to market a generic version of Vimovo. Lupin sought the cancellation of every claim in the two patents. They argued that the active ingredients in Vimovo were well-known. The PTAB found that Lupin "failed to show by a preponderance of the evidence that the skilled artisan would have had a reasonable expectation of success in achieving the claimed invention."