Monday, July 24, 2017

Coherus Drops Two Out of Six IPR Petitions Against Humira Bufferless Patent

Coherus BioSciences, Inc. previously filed six IPR petitions against U.S. Patent No. 9,085,619, which covers a bufferless formulation of Humira.  Coherus has now dropped two of its IPR petitions. Below is the relevant portion of Coherus' motion.

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Pursuant to the Board’s instruction during the telephone conference held April 6, 2017, Petitioner hereby submits its unopposed motion to dismiss the petitions and terminate proceedings in IPR2017-00826 and IPR2017-00827,  without prejudice, in favor of IPR2017-01009 and IPR2017-01008, respectively.  The petitions in IPR2017-00826 and IPR2017-00827 were filed on January 31, 2017 and notices of accorded filing date were issued on February 24, 2017. 

The Patent Owner has not filed a preliminary response, and the Board has not made any rulings concerning the merits of the petitions.  The Patent Owner has indicated that it does not oppose termination of the IPR2017-00826 and IPR2017-00827 proceedings without prejudice. 

Therefore Petitioner respectfully requests that, pursuant to the Board’s authority under at least 37 C.F.R. §§ 42.5(a) and 42.71(a), Petitioner’s unopposed motion to dismiss and terminate proceeding numbers IPR2017-00826 and IPR2017-00827 without prejudice be granted.


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