Hoffmann & Baron, on Behalf of Aquestive, Inc., Successfully Invalidates All Claims of Orange Book Patent for Valtoco® Nasal Spray in Aquestive Therapeutics, Inc. v. Neurelis, Inc.

Neurelis, Inc. is the owner of US Patent No. 9,763,876 (“the ‘876 patent”), which is listed in the FDA’s “Orange Book” under Neurelis’ Valtoco® product (diazepam nasal spray).

On January 29, 2019, Aquestive Therapeutics, Inc., through its counsel Hoffmann & Baron, petitioned the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent and Trademark Office (Aquestive Therapeutics, Inc. v. Neurelis, Inc , IPR2019-00451) to hold all thirty-six claims of the ‘876 patent invalid as obvious. On August 6, 2020, the PTAB issued its Final Written Decision, finding all the claims of Neurelis’ ’876 patent unpatentable as obvious.

Representing Aquestive were Hoffmann & Baron attorneys Daniel A. Scola, Jr., Michael I. Chakansky, Matthew J. Solow, and John T. Gallagher, as well as the world-renowned experts, Dr. Nicholas A.  Peppas and Dr. Daniel P. Wermeling.

Please contact Daniel Scola at 973-331-1700 if you have any questions or would like to speak to us about protecting your own intellectual property or challenging a competitor’s intellectual property.

View the Decision PDF