Hoffmann & Baron Prevails Before The Federal Circuit On Behalf Of Aquestive Therapeutics, Inc.

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

Neurelis had appealed the PTAB’s August 6, 2020 finding that all claims of the ‘876 patent were unpatentable as obvious. Oral Argument in Neurelis, Inc. v. Aquestive Therapeutics, Inc. (Case No. 21-1038) was held before the U.S. Court of Appeals for the Federal Circuit on October 5, 2021, with Hoffmann & Baron’s Daniel A. Scola, Jr. arguing on behalf of Aquestive, Inc.

On October 7, 2021, the Federal Circuit affirmed the PTAB’s Final Written Decision finding all claims of Neurelis’ ’876 patent unpatentable.

Please contact Daniel A. Scola, Jr. 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.

PTAB’s Final Written Decision