Atossa Therapeutics, Inc. (ATOS), a Washington-based biopharmaceutical company, has released a statement addressing the PTAB's final decision in PGR2023-00043 concerning U.S. Patent No. 11,572,334.
Atossa is dissatisfied with the PTAB's decision invalidating all challenged claims in the 334 patent and is reviewing its options. However, this ruling does not impact the company's ongoing clinical formulations. Although Atossa believes there are appealable issues, it has decided against pursuing an appeal due to the associated time and costs. Instead, the company will prioritize strengthening patent protection for its current formulations by filing a new Continuation Patent Application with the U.S. Patent Office.
Atossa also announced the issuance of U.S. Patent No. 12,201,591 on January 21, 2025, titled Sustained Release Compositions of Endoxifen. This new patent includes 31 claims focused on sustained-release formulations of endoxifen.
Atossa's patent portfolio includes several key patents, such as U.S. Patent No. 11,261,151 (21 claims), U.S. Patent No. 11,680,036 (22 claims), U.S. Patent No. 12,071,391 (44 claims), and the newly issued U.S. Patent No. 12,201,591 (31 claims). Together, these patents form a robust intellectual property estate covering Atossa's current clinical formulations.
Tuesday ATOS closed at $0.8526 or 2.54% lower and after market hours closed at $0.7397 or 13.3 % lower on the Nasdaq Capital Market.
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