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10.01.25
Wilson Sonsini Defends Win in Xarelto Appeal
On September 23, 2025, the U.S. Court of Appeals affirmed a decision of the Patent Trial and Appeal Board (PTAB) holding key patent claims covering Bayer's Xarelto product unpatentable. Wilson Sonsini represented Mylan Pharmaceuticals in the challenge before the PTAB and at the Federal Circuit.
Client Highlights
6.24.25
Wilson Sonsini Convinces Federal Circuit to Vacate and Remand Adverse PTAB Decision
On June 20, 2025, Wilson Sonsini obtained a significant Federal Circuit victory on behalf of Mylan. A team of the firm’s patent litigators successfully appealed an adverse decision by the Patent Trial and Appeal Board (PTAB) concerning a foundational patent protecting the brand product Trulance®. In a unanimous panel opinion, the Federal Circuit vacated the adverse decision and remanded the case to the PTAB.
Client Highlights
2.03.25
Wilson Sonsini Successfully Represents Impossible Foods in First-of-Its-Kind FoodTech Patent Suit
Wilson Sonsini served as lead counsel for Impossible Foods in a patent infringement litigation alleging infringement of seven Impossible Foods patents covering manufacturing processes, ingredients, and finished products relating to plant-based food containing heme and Impossible’s innovative transgenic yeast used to manufacture that heme. Our team successfully represented Impossible Foods in defense of six inter partes review petitions before the Patent Trial and Appeal Board in 2022 and 2023. Wilson Sonsini defeated the defendant’s motion to dismiss and motion to stay the District Court litigation. The matter was closely watched as the first patent infringement case in the burgeoning foodtech industry. With trial approaching, the parties resolved the matter and released a joint statement that said: “This resolution affirms Impossible Foods’ category leadership and the strength of its product portfolio related to heme.”
Client Highlights
8.18.23
Firm Secures Federal Circuit Affirmance of PTAB Victory for Palette Life Sciences
On August 16, 2023, the U.S. Court of Appeals for the Federal Circuit affirmed a Wilson Sonsini Goodrich & Rosati victory for Palette Life Sciences, Inc. against two medical-device patents. Palette provides injectable, biodegradable spacers for protecting non-target organs from radiation treatments. Wilson Sonsini successfully challenged the two broad Incept LLC patents at the Patent Trial and Appeal Board (PTAB) on both anticipation and obviousness grounds. Incept appealed both decisions, challenging the anticipation and obviousness analyses, including arguments on teaching away and commercial success. At the Federal Circuit, Judge Schall (joined by Judge Taranto) affirmed the PTAB’s decisions, with a partial dissent from Judge Newman, who would have remanded some of the claims for further consideration by the PTAB. With this win, more cancer patients will have access to this important protective technology.
Wilson Sonsini partner T.O. Kong argued the case at the PTAB and the Federal Circuit, with support from Tasha Thomas, Lori Westin, Rick Torczon, Kathryn Robinson, and Robyn Moriarty.
Wilson Sonsini partner T.O. Kong argued the case at the PTAB and the Federal Circuit, with support from Tasha Thomas, Lori Westin, Rick Torczon, Kathryn Robinson, and Robyn Moriarty.
Client Highlights
12.29.21
Firm Secures Federal Circuit Ruling for Mylan in Insulin Glargine Appeals
On December 29, 2021, Wilson Sonsini secured another win for Mylan as the U.S. Court of Appeals for the Federal Circuit affirmed eight decisions from the Patent Trial and Appeal Board (PTAB) holding patent claims for five Sanofi device patents unpatentable. Sanofi had asserted the patents against Mylan in the U.S. District Court for the District of New Jersey. Both the district court and the PTAB held the claims unpatentable, leading to 11 appeals consolidated into four groups. The Federal Circuit heard argument in a marathon session on December 6, 2021, and issued short but strong opinions on December 29 categorically rejecting Sanofi's arguments in eight PTAB appeals and dismissing the remaining appeals as moot in view of the affirmances.
This latest success follows previous wins against Sanofi's insulin glargine formulation patents. Insulin glargine is used to help control high blood sugar in adult and pediatric patients with type 1 diabetes and adults with type 2 diabetes. In November, Viatris launched branded and unbranded versions of insulin glargine, the first-ever interchangeable biosimilar.
Wilson Sonsini represents Mylan in patent matters, including those related to this litigation. The team representing Mylan in these appeals includes Rick Torczon, Ellie Steiner, Tasha Thomas, Wes Derryberry, and Steffen Johnson.
This latest success follows previous wins against Sanofi's insulin glargine formulation patents. Insulin glargine is used to help control high blood sugar in adult and pediatric patients with type 1 diabetes and adults with type 2 diabetes. In November, Viatris launched branded and unbranded versions of insulin glargine, the first-ever interchangeable biosimilar.
Wilson Sonsini represents Mylan in patent matters, including those related to this litigation. The team representing Mylan in these appeals includes Rick Torczon, Ellie Steiner, Tasha Thomas, Wes Derryberry, and Steffen Johnson.
Client Highlights
3.12.20
Wilson Sonsini Secures District Court Win for Mylan
On March 10, Wilson Sonsini secured a major win for Mylan in its efforts to provide a lower cost alternative to Sanofi’s Lantus SoloSTAR insulin glargine product. Following a week-long trial in December, Judge Chesler of the U.S. District Court of New Jersey ruled that the sole remaining device patent of the 16 initially asserted by Sanofi against Mylan’s proposed insulin glargine pen product was not infringed and invalid for lack of written description.
Client Highlights
8.01.18
Federal Circuit Reverses Judgment Against Otonomy Ear Treatment Patent
On August 1, 2018, Wilson Sonsini Goodrich & Rosati secured a reversal of a judgment from the Patent Trial and Appeal Board (PTAB) in a patent interference against biotechnology company Otonomy. The judgment arose from a patent interference between Otonomy and Auris Medical over competing claims to an otic treatment method. The PTAB had held all but one Auris claim unpatentable, but had held that Auris had invented the method before Otonomy.
Alerts
7.20.18
Federal Circuit Holds That Tribal Sovereign Immunity Does Not Apply to Inter Partes Review
Today, the U.S. Court of Appeals for the Federal Circuit decided whether tribal sovereign immunity required termination of inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). At the PTAB, Mylan had petitioned for IPR of several patents owned by Allergan relating to the dry eye treatment Restasis, to which Teva and Akorn were joined. During the pendency of those proceedings, Allegan transferred title of the patents to the Saint Regis Mohawk Tribe, and the Tribe moved to terminate the proceedings on the basis of tribal sovereign immunity, which motion the PTAB denied. In Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., TEVA Pharmaceuticals USA, Inc., Akorn, Inc.,1before the panel of Judges Dyk, Moore, and Reyna, and in a decision authored by Judge Moore with Judge Dyk concurring, the Federal Circuit affirmed the Board.