Koios Pharmaceuticals Receives Favorable Ruling in Challenge to High-Cost Drug’s Patent

In response to a petition from Koios Pharmaceuticals LLC, the United States Patent and Trademark Office (“PTO”) has instituted inter partes review of the sole Orange-Book listed patent protecting Rasuvo®—a high-cost rheumatoid arthritis treatment—from generic competition. The PTO will now review the validity of all twenty-two claims of U.S. Patent 8,664,231, and on multiple grounds. In reaching its decision, the PTO noted that it was “persuaded that there is a reasonable likelihood that Petitioner would prevail with respect to the claims challenged in the Petition.” The ’231 patent does not expire until 2029.