BRIEF—USPTO decides Latuda patent claims are 'unpatentable'

Japanese drug major Sumitomo Dainippon Pharma says that the US Patent and Trademark Office (USPTO) has decided that all of the claims in the method of use patent related to the proprietary atypical antipsychotic agent, Latuda (lurasidone HCl tablets), are unpatentable in the Inter Partes Review (IPR) proceeding whose petition was filed with the USPTO by USA-based Slayback Pharma.

Sumitomo Dainippon is currently analyzing the decision and plans to seek revocation of the decision via a petition to the USPTO Director and/or appeal to the US Court of Appeals for the Federal Circuit (CAFC) in the future.

The Japanese firm continues to believe the ‘827 Patent is valid and will continue to vigorously protect the patent rights for Latuda.

Sumitomo Dainippon believes that the decision will not affect our consolidated earnings because the entire process could take more than 1.5 years in the future before it is finally resolved.