USPTO decides in favor of Cohen Pontani Lieberman & Pavane Client in inter partes request challenging US Patent No. 6,753, 013.
FOR IMMEDIATE RELEASE / PRURGENT
(NEW YORK, NY) – Cohen Pontani Lieberman & Pavane LLP (CPLP), a preeminent specialist in intellectual property law, is pleased to announce that it has recently received a decision favorable to its client in an inter partes reexamination proceeding from the United States Patent and Trademark Office (USPTO).
In 2006, CPLP submitted a request for inter partes reexamination on behalf of Galderma R&D (Galderma) as a third party requester challenging the validity of Leo Pharmaceutical Products, Ltd.’s (Leo) US Patent No. 6,753,013 (013 Patent), which claims a pharmaceutical composition for dermal use.
The USPTO granted Galderma’s request. After carefully and thoroughly considering the patent owner Leo’s extensive arguments, amendments, and declarations, and Galderma’s responses to Leo’s submissions, on July 17, 2008, the USPTO issued a 86-page Right of Appeal Notice (RAN) rejecting all pending claims (including amended and new claims) of Leo's 013 patent, except for one claim which recites a very specific ointment composition. Leo may challenge the USPTO’s decision by appealing to the USPTO’s Board of Patent Appeals and Interferences.
“The USPTO’s decision in our client’s favor,” says CPLP Managing Partner Martin Pavane, “was the result of carefully demonstrating that Leo was not entitled to broad coverage of compositions comprising a combination of a vitamin D analogue and a corticosteroid, which, if sustained, would have had a stifling effect on competition.”
Cohen Pontani Lieberman & Pavane LLP (www.cplplaw.com) is an intellectual property firm serving a worldwide roster of companies from a diverse range of industries including avionics, pharmaceuticals, electronics, heavy machinery, biotechnology and telecommunications.
CPLP is unique in its focus on intellectual property litigation that infuses every aspect of its IP work in prosecution of patents, trademarks, and copyrights; in drafting opinions and licenses; and in due diligence and transactional work.
It is CPLP’s philosophy that no legal activity is so routine that it does not have the potential to become the weak link in IP protection, resulting in legal exposure or porous rights.
Hence, the firm views all IP matters as potential litigations to be won or avoided and is positioned to provide world-class litigation services, as well as other highly skilled IP services to achieve wraparound IP protection at the highest level.
Cohen Pontani Lieberman & Pavane LLP
551 Fifth Avenue
New York, NY 10176
Telephone: 212.687.2770
Fax: 212.972-5487
www.cplplaw.com
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