Atossa Therapeutics (ATOS) said Thursday it will not appeal a US Patent Trial and Appeal Board decision that invalidated claims in one of its patents but will continue pursuing new patent protections for its clinical-stage formulations.
In August 2023, Atossa said Intas Pharmaceuticals had filed a Post Grant Review application for Atosaa's patent covering methods for making and using endoxifen.
The company said Thursday that the PTAB ruled that all challenged claims in US Patent No. 11,572,334 were unpatentable, adding that the decision does not affect its current clinical formulations and that it plans to file a continuation patent application.
Atossa also said it was granted a new patent covering sustained-release compositions of endoxifen.
Atossa shares were 9% lower in early trading on Thursday.
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