Rothwell Figg Client The Akkermansia Company Found to be ‘First to File’ Patent Application to Treat Obesity Through Oral Use in Interference Proceeding

Rothwell Figg successfully represented client The Akkermansia Company in the first stage of a patent interference proceeding before the United States Patent Trial and Appeal Board (PTAB). The PTAB issued a decision that Cani et al., the inventors of applications licensed to The Akkermansia Company, were the first to file a patent application related to treating a metabolic disorder, such as obesity, with the oral administration of Akkermansia, before Kaplan et al., the inventors of applications licensed to Pendulum Therapeutics, Inc.

The Akkermansia Company, a pioneer in developing “next generation” probiotics and postbiotics, distributes supplements in Europe, and has started the process of introducing its first product, a postbiotic supplement made with pasteurized Akkermansia, into the U.S. health care channel.

At the start of the interference, the PTAB had named Kaplan the Senior Party in the matter. However, after evaluating the earliest patent applications filed by both parties in the case, and finding that Kaplan’s earliest application does not disclose the invention, the new decision reverses that, making Cani the Senior Party and Kaplan the Junior Party. As the Senior Party, Cani will win the interference unless Kaplan can prove that they made the invention before Cani.

The interference is now moving to the second, priority stage. If the interference is decided in the typical timeframe, a final decision will be issued before the end of 2024.

The case is Kaplan et al v. Cani et al, Patent Interference No. 106,130. Rothwell Figg attorney R. Danny Huntington is lead counsel for Cani et al. and The Akkermansia Company.