Rothwell Figg Secures Victory for Patent Owner TG Biotech Co. Ltd. in AMPK Activator Patent Challenge at the PTAB
Rothwell Figg successfully navigated an inter partes review (IPR) proceeding before the Patent Trial and Appeal Board (PTAB), delivering a resounding win for client TG Biotech Co. Ltd. In the Final Written Decision, the PTAB upheld all challenged claims of TG Biotech’s U.S. patent 8,357,786 and found that the Petitioner failed to establish that the challenged claims were unpatentable.
TG Biotech is the inventor and manufacturer of Actiponin®, a natural AMP-activated protein kinase (AMPK) activator, a supplement for improving metabolic syndrome, including insulin resistance, obesity, and hyperlipidaemia, by increasing the activity of AMPK. By thoroughly and meticulously cross-examining the Petitioner’s witnesses and explaining the flaws and deficiencies in the Petitioner’s evidence, including test data attempting to show inherency, the Rothwell Figg team successfully convinced the PTAB that the Petitioner’s evidence was insufficient and fatally flawed to support inherent obviousness of any of the challenged claims. The PTAB ruled in favor of TG Biotech in a clean sweep, rejecting all asserted grounds and upholding all challenged claims after a complete trial.
The PTAB also granted Rothwell Figg’s motion to strike a supplemental expert declaration filed by the Petitioner. The PTAB explained that striking the entirety or a portion of evidence is generally an “exceptional remedy,” but that it was warranted in this case.
Rothwell Figg partner Aydin Harston served as lead counsel for TG Biotech. He said, “Rothwell Figg and TG Biotech are extremely pleased with the decision, which is a rare win for a Patent Owner after institution. This case was very important for protecting our client’s patent and preventing sales of infringing products.”
The case is BTC Corporation v. TG Biotech Co. Ltd. (IPR2022-00998). The Rothwell Figg team representing TG Biotech included Aydin Harston, Joo Mee Kim, Andrew Storaska, and Melissa Santos.
