Sumitomo appealing USPTO Latuda decision

Japanese drug major Sumitomo Pharma (TYO: 4506) has filed an appeal with the US Court of Appeals for the Federal Circuit (CAFC) seeking revocation of the decision of the US Patent and Trademark Office (USPTO) relating to the proprietary atypical antipsychotic agent Latuda (lurasidone HCl tablets).

The claims in the method of use patent (US patent number: 9,815,827, the ‘827 Patent) related to the proprietary atypical antipsychotic agent Latuda are unpatentable based on the Inter Partes Review (IPR) proceeding whose petition was filed with the USPTO by USA-based Slayback Pharma.

The USPTO decision was previously reported in the press release dated December 9, 2021. The company continues to believe the ‘827 Patent is valid and will continue to vigorously protect the patent rights for Latuda. Because the entire process could take at least one year or more before the matter is resolved, the company believes that the appeal will not affect its consolidated earnings for the fiscal year ending March 31, 2023.