Atossa Therapeutics issues statement in response to PTAB ruling

Atossa Therapeutics (ATOS) issued the following statement in response to the Patent Trial and Appeal Board’s, PTAB, final written decision in PGR2023-00043 regarding U.S. Patent No. 11,572,334. Atossa is disappointed with the PTAB’s decision finding all challenged claims in the ‘334 patent unpatentable and is evaluating its options. This decision has no impact on the formulations currently in clinical development by Atossa. While Atossa disagrees with the decision and believes there are appealable issues, the Company will not be pursuing an appeal from the PTAB decision, given the cost and time involved. Instead, the Company intends to continue to pursue patent protection around the Company’s current formulations in clinical development, including in a new Continuation Patent Application to be filed with the U.S. Patent Office.