The detailed information for PTAB case with proceeding number PGR2020-00086 filed by Eton Pharmaceuticals, Inc. against Exela Pharma Sciences LLC on Sep 21, 2020. This includes filing dates, application numbers, tech centers, patent numbers, and current case status.

Case Details

Proceeding Number
PGR2020-00086
Filing Date
Sep 21, 2020
Petitioner
Eton Pharmaceuticals, Inc.
Respondent
Exela Pharma Sciences LLC
Status
Institution Denied
Respondent Application Number
16773563
Respondent Tech Center
1600
Respondent Patent Number
10653719
Institution Decision Date
Apr 23, 2021

Proceeding Documents

The table below shows documents filed in the case, listing each document name, filing date, document type, and filing party. Tracking these filings indicates the activity of the parties involved in the case, and the types of documents filed can provide insights into the legal strategies being employed.


Document NameFiling DateCategoryFiling Party

Alert me when new update on this case

Notice of Refund

Aug 4, 2021PAPERBOARD

Petitioner's Request for Refund of Post-Institution Fee (PGR2020-00086 '719 Patent)

Jul 29, 2021PAPERPETITIONER

Denying Petitioner's Request on Rehearing of Decision Denying Institution of Post Grant Review

Jul 21, 2021PAPERBOARD

Petitioner's Request for Rehearing

May 5, 2021PAPERPETITIONER

Trial Instituted Document

Apr 23, 2021PAPERBOARD

Patent Owner's Sur-Reply to Petitioner's Reply to Patent Owner's Preliminary Response

Feb 25, 2021PAPERPATENT OWNER

Petitioner's Reply to Patent Owner's Preliminary Response

Feb 17, 2021PAPERPETITIONER

Petitioner's Updated Index of Exhibits

Feb 17, 2021PAPERPETITIONER

Eton���s Request for Rehearing (PGR2020-00064, Paper 13)

Feb 17, 2021EXHIBITPETITIONER

Eton���s Request for Rehearing (PGR2020-00068, Paper 12)

Feb 17, 2021EXHIBITPETITIONER

Petitioner's Updated index of Exhibits

Feb 10, 2021PAPERPETITIONER

Transcript of Conference Call with Board taken February 8, 2021

Feb 10, 2021EXHIBITPETITIONER

Patent Owner Preliminary Response

Jan 27, 2021PAPERPATENT OWNER

Declaration of Dr. Robert J. Kuhn

Jan 27, 2021EXHIBITPATENT OWNER

Aileen B. Sedman et al., Evidence of Aluminum Loading in Infants Receiving Intravenous Therapy

Jan 27, 2021EXHIBITPATENT OWNER

Nicholas J. Bishop et al., Aluminum Neurotoxicity in Preterm Infants Receiving Intravenous-Feeding Solutions

Jan 27, 2021EXHIBITPATENT OWNER

ELCYS Label, Exela Pharma Sciences, LLC

Jan 27, 2021EXHIBITPATENT OWNER

Amended Complaint (Redacted), Exela Pharma Sciences, LLC v. Sandoz, Inc.

Jan 27, 2021EXHIBITPATENT OWNER

Amended Complaint, Exela Pharma Sciences, LLC v. Eton Pharmaceuticals, Inc.

Jan 27, 2021EXHIBITPATENT OWNER

Declaration of Mark Hartman (Redacted), Exela Pharma Sciences, LLC v. Sandoz Inc.

Jan 27, 2021EXHIBITPATENT OWNER

Megan Fortenberry et al., Evaluating Differences in Aluminum Exposure Through Parenteral Nutrition in Neonatal Morbidities

Jan 27, 2021EXHIBITPATENT OWNER

Kathleen M. Gura, Aluminum Contamination in Parenteral Products

Jan 27, 2021EXHIBITPATENT OWNER

Gordon L. Klein et al., Hypocalcemia Complicating Deferoxamine Therapy in an Infant with Parenteral Nutrition-Associated Aluminum Overload: Evidence for a Role of Aluminum in the Bone Disease of Infants

Jan 27, 2021EXHIBITPATENT OWNER

Jay M. Mirtallo, Aluminum Contamination of Parenteral Nutrition Fluids

Jan 27, 2021EXHIBITPATENT OWNER

Robert L. Poole et al., Aluminum Exposure From Pediatric Parenteral Nutrition: Meeting the New FDA Regulation

Jan 27, 2021EXHIBITPATENT OWNER

Eton Pharmaceuticals, Inc., Amendment No. 1 to Sales/Marketing Agreement

Jan 27, 2021EXHIBITPATENT OWNER

Eton Pharmaceuticals, Inc. v. Exela Pharma Sciences, Inc., PGR2020-00064, Paper 1

Jan 27, 2021EXHIBITPATENT OWNER

Eton Pharmaceuticals, Inc. v. Exela Pharma Sciences, Inc., PGR2020-00064, Paper 12

Jan 27, 2021EXHIBITPATENT OWNER

Eton Pharmaceuticals, Inc. v. Exela Pharma Sciences, Inc., PGR2020-00068, Paper 1

Jan 27, 2021EXHIBITPATENT OWNER

Eton Pharmaceuticals, Inc. v. Exela Pharma Sciences, Inc., PGR2020-00068, Paper 11

Jan 27, 2021EXHIBITPATENT OWNER

Eton Letter to Judge Noreika, Exela Pharma Sciences, LLC v. Eton Pharmaceuticals, Inc.

Jan 27, 2021EXHIBITPATENT OWNER

Excerpt From the File History of U.S. Patent Application No. 16/746,028

Jan 27, 2021EXHIBITPATENT OWNER

Excerpt From the File History of U.S. Patent Application No. 16/773,641

Jan 27, 2021EXHIBITPATENT OWNER

Opening Brief in Support of Defendant Eton Pharmaceuticals, Inc.���s Motion to Stay Pending Post-Grant Proceedings, Exela Pharma Sciences, LLC v. Eton Pharmaceuticals, Inc.

Jan 27, 2021EXHIBITPATENT OWNER

Notice of Accord Filing Date

Oct 27, 2020PAPERBOARD

Patent Owner's Power of Attorney

Oct 5, 2020PAPERPATENT OWNER

Patent Owner's Mandatory Notices

Oct 5, 2020PAPERPATENT OWNER

Petition for Post Grant Review of U.S. Patent No. 10,653,719

Sep 21, 2020PAPERPETITIONER

U.S. Patent No. 10,583,155

Sep 21, 2020EXHIBITPETITIONER

Way Back Machine Screenshots

Sep 21, 2020EXHIBITPETITIONER

Poole et al., Aluminum in Pediatric Parenteral Nutrition Products

Sep 21, 2020EXHIBITPETITIONER

Bohrer, Influence of the Glass Packing on the Contamination of Pharmaceutical Products by Aluminum. Part II

Sep 21, 2020EXHIBITPETITIONER

Pilaniya, Recent Trends in the Impurity Profile of Pharmaceuticals

Sep 21, 2020EXHIBITPETITIONER

Bohrer, Influence of the Glass Packing on the Contamination of Pharmaceutical Products by Aluminum. Part III

Sep 21, 2020EXHIBITPETITIONER

Q3D ELEMENTAL IMPURITIES: GUIDANCE FOR INDUSTRY (Sept. 2015)

Sep 21, 2020EXHIBITPETITIONER

Akers, Parenteral Preparations, in REMINGTON: THE SCIENCE AND PRACTICE OF PHARMACY

Sep 21, 2020EXHIBITPETITIONER

Koo, Aluminum in Parenteral Nutrition Solution¿¿¿ Sources and Possible Alternatives

Sep 21, 2020EXHIBITPETITIONER

Petitioner's Power of Attorney

Sep 21, 2020PAPERPETITIONER

U.S. Patent No. 10,478,453 File History

Sep 21, 2020EXHIBITPETITIONER

Declaration of Barrett Rabinow, Ph.D.

Sep 21, 2020EXHIBITPETITIONER

Affidavit of Christopher Butler

Sep 21, 2020EXHIBITPETITIONER

Hern¿¿ndez-S¿¿nchez et al., Aluminum in Parenteral Nutrition: A Systematic Review,

Sep 21, 2020EXHIBITPETITIONER

Cysteine, DRUGBANK

Sep 21, 2020EXHIBITPETITIONER

Rabinow, Plastic Packaging Materials, in REMINGTON: THE SCIENCE AND PRACTICE OF PHARMACY

Sep 21, 2020EXHIBITPETITIONER

Declaration of Harry ¿¿¿Warren¿¿¿ Johnson, dated May 15, 2020

Sep 21, 2020EXHIBITPETITIONER

Asquith et al., The Photochemical Degradation of Cystine in Aqueous Solution in the Presence of Air,

Sep 21, 2020EXHIBITPETITIONER

FDA GUIDANCE FOR INDUSTRY Q8(R2) PHARMACEUTICAL DEVELOPMENT (Nov. 2009)

Sep 21, 2020EXHIBITPETITIONER

August 4, 2017 Letter from Donna Griebel, M.D., CDER, to Patent Owner

Sep 21, 2020EXHIBITPETITIONER

Allen, L-Cysteine Hydrochloride 50 mg/mL Injection

Sep 21, 2020EXHIBITPETITIONER

ESSENTIALS OF PHARMACEUTICAL CHEMISTRY

Sep 21, 2020EXHIBITPETITIONER

Sullivan, The Effect of Pyruvic Acid on the Estimation of Cystine and Cysteine

Sep 21, 2020EXHIBITPETITIONER

Rokushika et al., Radiolysis of Cystine in Aqueous Solution by Gamma Irradiation

Sep 21, 2020EXHIBITPETITIONER

Nicolet, Biochemistry by Analogy: The Sulfur of Cystine

Sep 21, 2020EXHIBITPETITIONER

Waterman et al., Stabilization of Pharmaceuticals to Oxidative Degradation

Sep 21, 2020EXHIBITPETITIONER

Maget, Use of an Oxygen Extractor to Minimize Oxidation of Compounded Preparations

Sep 21, 2020EXHIBITPETITIONER

Copyright Registration Number for Alpaslan Yaman, Engineering Considerations in Sterile Powder Processes

Sep 21, 2020EXHIBITPETITIONER

Patel et al., Stability Considerations for Biopharmaceuticals, Part 1: Overview of Protein and Peptide Degradation Pathways

Sep 21, 2020EXHIBITPETITIONER

Yaman, Engineering Considerations in Sterile Powder Processes

Sep 21, 2020EXHIBITPETITIONER

Avallone, Food and Drug Administration Inspection and Licensing of Manufacturing Facilities

Sep 21, 2020EXHIBITPETITIONER

Zhu et al., Formulation of Protein- and Peptide-Based Parental Products

Sep 21, 2020EXHIBITPETITIONER

Teasdale, Impurities in New Drug Substances and New Drug Products: ICH Q3A/B: Key Guidelines in the General Impurity Management Process

Sep 21, 2020EXHIBITPETITIONER

Schuringa et al., The Reaction of Combined Cystine of Wool with Sodium Bisulfite

Sep 21, 2020EXHIBITPETITIONER

Yu et al., Understanding Pharmaceutical Quality by Design

Sep 21, 2020EXHIBITPETITIONER

July 10, 2019 Press Release regarding Selenious Acid Injection

Sep 21, 2020EXHIBITPETITIONER

Prescribing Information for Zinc Sulfate Injection (revised 07/2019)

Sep 21, 2020EXHIBITPETITIONER

UCSF CHILDREN¿¿¿S HOSPITAL INTENSIVE CARE NURSERY HOUSE STAFF MANUAL (2004-2006)

Sep 21, 2020EXHIBITPETITIONER

U.S. Patent No. 8,415,337 (¿¿¿¿¿¿337 patent¿¿¿)

Sep 21, 2020EXHIBITPETITIONER

Mihatsch, ESPGHAN/ESPEN/ESPR/ESPEN Guidelines on Pediatric Parenteral Nutrition: Calcium, Phosphorus and Magnesium

Sep 21, 2020EXHIBITPETITIONER

Luo, Kinetics and Mechanism of the Reaction of Cysteine and Hydrogen Peroxide in Aqueous Solution

Sep 21, 2020EXHIBITPETITIONER

Hanaki, Manometric Study of the Copper-Catalyzed Oxidation of Cysteine

Sep 21, 2020EXHIBITPETITIONER

Aluminum in Large and Small Volume Parenterals Used in Total Parenteral Nutrition, 65 Fed. Reg. 4103

Sep 21, 2020EXHIBITPETITIONER

Lima-Rogel et al., Aluminum Contamination in Parenteral Nutrition Admixtures for Low-Birth-Weight Preterm Infants in Mexico

Sep 21, 2020EXHIBITPETITIONER

Connaughton, Argon or Nitrogen: Which is Best for Your Application?

Sep 21, 2020EXHIBITPETITIONER

Prescribing Information for Selenious Acid Injection (revised 04/2019)

Sep 21, 2020EXHIBITPETITIONER

Clark., Effects of Two Different Doses of Amino Acid Supplementation on Growth and Blood Amino Acid Levels in Premature Neonates Admitted to the NICU

Sep 21, 2020EXHIBITPETITIONER

Friedmann et al., CCLXV, Reactions of Pyruvic Acid with Thiolacetic Acid and Cysteine

Sep 21, 2020EXHIBITPETITIONER

August 2017 Important Drug Warning Letter from Patent Owner to Health Care Provider

Sep 21, 2020EXHIBITPETITIONER

Aluminum in Large and Small Volume Parenterals Used in Total Parenteral Nutrition, 63 Fed. Reg. 176

Sep 21, 2020EXHIBITPETITIONER

CDER ¿¿¿ NON-CLINICAL REVIEW(S), APP. NO. 210906ORIG1S000

Sep 21, 2020EXHIBITPETITIONER

Guzman Barron, Thiol Groups of Biological Importance

Sep 21, 2020EXHIBITPETITIONER

21 C.F.R. ¿¿ 201.323

Sep 21, 2020EXHIBITPETITIONER

Kasaraian et al., Developing an Injectable Formula Containing an Oxygen-Sensitive Drug

Sep 21, 2020EXHIBITPETITIONER

Okabe, Studies on the Solubility of Cystine Under Various Conditions, and On A New Method of Cystine Preparation

Sep 21, 2020EXHIBITPETITIONER

QUALITY BY DESIGN (QBD) APPROACHES FOR ORALLY INHALED AND NASAL DRUG PRODUCTS (OINDPS) IN THE USA, RDD EUROPE (2007)

Sep 21, 2020EXHIBITPETITIONER

Orange Book Screenshot for Elcys

Sep 21, 2020EXHIBITPETITIONER

DRUG FACTS AND COMPARISONS (2015)

Sep 21, 2020EXHIBITPETITIONER

Copyright Registration Number for DRUG FACTS AND COMPARISONS (2015)

Sep 21, 2020EXHIBITPETITIONER

Eton Pharmaceuticals, Inc.¿¿¿s August 11, 2020 Answer and Affirmative Defenses to Complaint in Exela Pharma Sciences, LLC v. Eton Pharmaceuticals, Inc., No. 20-00365 (D. Del.)

Sep 21, 2020EXHIBITPETITIONER

SIGMA ALDRICH PRODUCT INFORMATION, L-CYSTEINE HYDROCHLORIDE MONOHYDRATE (05/06)

Sep 21, 2020EXHIBITPETITIONER

Whiting, Effect of Headspace Oxygen Concentration on Growth and Toxin Production by Proteolytic Strains of Clostridium Botulinum

Sep 21, 2020EXHIBITPETITIONER

Jalilehvand, Lead(II) Complex Formation with L-Cysteine in Aqueous Solution

Sep 21, 2020EXHIBITPETITIONER

BENTLEY¿¿¿S TEXTBOOK OF PHARMACEUTICALS: AN ADAPTATION

Sep 21, 2020EXHIBITPETITIONER

U.S. Patent No. 10,654,719

Sep 21, 2020EXHIBITPETITIONER

McHalsky, Reduction of Aluminum Levels in Dialysis Fluids

Sep 21, 2020EXHIBITPETITIONER

Rabinow, Aluminum in Parenteral Products: Analysis, Reduction and Implications for Pediatric TPN

Sep 21, 2020EXHIBITPETITIONER

USP 32/NF 18, The U.S. Pharmacopeial Convention (1995)

Sep 21, 2020EXHIBITPETITIONER

Declaration of Daniel Ingles

Sep 21, 2020EXHIBITPETITIONER

Butler et al., Removal of Dissolved Oxygen From Water: A Comparison of Four Common Techniques

Sep 21, 2020EXHIBITPETITIONER

U.S. Patent No. 10,478,453

Sep 21, 2020EXHIBITPETITIONER

U.S. Patent No. 10,654,719 File History

Sep 21, 2020EXHIBITPETITIONER

Langille, Particulate Matter in Injectable Drug Products

Sep 21, 2020EXHIBITPETITIONER

Akers, STERILE DRUG PRODUCTS: FORMULATION, PACKAGING, MANUFACTURING, AND QUALITY

Sep 21, 2020EXHIBITPETITIONER

USP 32/NF 27 (The U.S. Pharmacopeial Convention, 2009)

Sep 21, 2020EXHIBITPETITIONER

FDA Warning Letter to Mr. Ian Reed, Pfizer, dated February 14, 2017

Sep 21, 2020EXHIBITPETITIONER

August 26, 2020 Scheduling Order in Exela Pharma Sciences, LLC v. Eton Pharmaceuticals, Inc., No. 20-00365-MN (D. Del.)

Sep 21, 2020EXHIBITPETITIONER

U.S. Patent No. 9,220,700

Sep 21, 2020EXHIBITPETITIONER

U.S. Patent No. 4,385,086

Sep 21, 2020EXHIBITPETITIONER

Turco, Intravenous Admixtures

Sep 21, 2020EXHIBITPETITIONER

Rignall, ICHQ1A(R2) Stability Testing of New Drug Substance and Product and ICHQ1C Stability Testing of New Dosage Forms

Sep 21, 2020EXHIBITPETITIONER

International Conference on Harmonisation; Guidance on Q6A Specifications: Test Procedures and Acceptance Criteria for New Drug Substances and New Drug Products: Chemical Substances, 65 Fed. Reg. 83,041

Sep 21, 2020EXHIBITPETITIONER

Stability Studies, in HANDBOOK OF MODERN PHARMACEUTICAL ANALYSIS

Sep 21, 2020EXHIBITPETITIONER

Declaration of Harry ¿¿¿Warren¿¿¿ Johnson, dated August 24, 2020

Sep 21, 2020EXHIBITPETITIONER

Q1A(R2) STABILITY TESTING OF NEW DRUG SUBSTANCES AND PRODUCTS

Sep 21, 2020EXHIBITPETITIONER

THE MERCK INDEX: AN ENCYCLOPEDIA OF CHEMICALS, DRUGS, AND BIOLOGICALS (2006)

Sep 21, 2020EXHIBITPETITIONER

July 23, 2020 Office Action in Application No. 16/746,028

Sep 21, 2020EXHIBITPETITIONER

July 23, 2020 Office Action in Application No. 16/773,641

Sep 21, 2020EXHIBITPETITIONER