PTAB Upholds Grunenthal’s Patent Challenge for Pain Treatment

The U.S. Patent Trial and Review Board has invalidated an Antecip Bioventures patent for neridronic acid as a treatment for complex regional pain syndrome (CRPS).

Germany-based drugmaker Grünenthal challenged the patent in April 2018 on the grounds that it was obvious to anyone with “an M.D. or a Ph.D. in a pain-medicine-relevant discipline,” with at least three to five years of experience in CRPS or related types of chronic pain.

PTAB heard oral arguments on the matter in July 2019.  In its Oct. 29 decision, the board found that the prior art anticipated the patent because it discussed neridronic acid treatment of “a human being with CRPS” and noted the “clinically relevant and persistent benefits.”

The prior art indicates that the substance “effectively mitigates pain associated with CRPS in patients presenting with ‘bone fracture’ as ‘a predisposing event’” for the syndrome, PTAB said.