4월 30, 2016 O’Melveny’s Filko Prugo was quoted in the April 7, 2016, Law360 article, “PTAB Ruling Used New Arguments, Genzyme Tells Federal Circuit.” The piece details the Patent Trial and Appeal Board’s February 2015 ruling--the first issued in an inter partes review involving competing biopharmaceutical companies and marketed biologic medicines--in favor of challenger BioMarin Pharmaceutical that certain claims are unpatentable as obvious. According to Genzyme, a Sanofi Company, different prior art references were used in the final decisions than those in the board's decisions to institute review, and as a result, the company was denied its administrative due process right to fully rebut those new grounds.
Prugo is co-founder of O’Melveny’s Hatch-Waxman practice and is a USPTO registered patent attorney who focuses exclusively on contested patent matters in the pharmaceutical and biologics space. He resides in O’Melveny’s New York office. Also on the briefs was Anton Metlitsky, a partner in the New York office whose practice focuses specifically on appellate and complex litigation matters.