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Wednesday, January 28, 2026

After Fed. Circ. Remand, PTAB Again Backs Bausch Patent

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After Fed. Circ. Remand, PTAB Again Backs Bausch Patent

By Editorial Team

The Patent Trial and Appeal Board (PTAB) has reaffirmed its decision that MSN Laboratories failed to demonstrate the invalidity of a drug patent held by Bausch Health Ireland Ltd. This ruling comes after the Federal Circuit instructed the PTAB to revisit the matter last year.

The patent in question, numbered 7,041,786, pertains to guanylate cyclase receptor agonists for treating tissue inflammation and carcinogenesis. The PTAB's latest decision upholds the validity of this patent, dealing a blow to MSN Laboratories' efforts to challenge it.

Law360 reported that Bausch Health Cos. Inc., along with Salix Pharmaceuticals, Ltd. and Viatris Inc., were involved in the case. Legal representation was provided by law firms ArentFox Schiff and Finnegan. The government agencies Food and Drug Administration and the Patent Trial and Appeal Board were also parties to the proceedings.

This ruling marks a significant development in the ongoing legal battle over the Bausch patent. The decision by the PTAB could have far-reaching implications for the pharmaceutical industry and the protection of intellectual property rights in the field of drug development.

For more detailed information on the case, interested parties can refer to the attached documents, including the PTAB's decision and related case information.

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After Fed. Circ. Remand, PTAB Again Backs Bausch Patent The Patent Trial and Appeal Board (PTAB) has reaffirmed its decision that MSN Laboratories failed to demonstrate the invalidity of a drug paten... Read the full IIPLA article: https://iipla.org/news/after-fed-circ-remand-ptab-again-backs-bausch-patent

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