Report of Foreign Issuer (6-k)
February 14 2017 - 04:12PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
REPORT
OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16
OR 15d-16 UNDER THE SECURITIES EXCHANGE ACT OF 1934
For the month of February, 2017
Commission File Number: 001-36582
Auris Medical Holding AG
(Exact name of registrant as specified
in its charter)
Bahnhofstrasse 21
6300 Zug, Switzerland
(Address of principal executive office)
Indicate by check mark whether the registrant
files or will file annual reports under cover of Form 20-F or Form 40-F:
Indicate by check mark if the registrant
is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1):
Indicate by check mark if the registrant
is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7):
Patent Interference Proceedings
As previously announced, on July 20, 2015,
the United States Patent and Trademark Office (“USPTO”) declared Patent Interference No. 106,030 involving Auris Medical
Holding AG’s (the “Company”) issued U.S. patent No. 9,066,865 (the “’865 Patent”) and Otonomy
Inc.’s (“Otonomy”) U.S. patent application No. 13/848,636 (the “’636 Application”). An interference
is a proceeding within the USPTO to determine the priority of an invention that is claimed in patents filed by different parties.
The Company’s ’865 Patent discloses methods of treating inner or middle ear diseases with intratympanic injections
of poloxamer-based compositions and its claims are directed to the use of fluoroquinolone antibiotics in poloxamer 407 compositions
under certain specifications. The patent interference identified claims 1-9 in the Company’s ’865 Patent as interfering
with claims 38, 43 and 46-50 of Otonomy’s ’636 Application.
On January 26, 2017, the USPTO issued a
decision on the interference granting the Company benefit of priority, refusing all claims in Otonomy’s ’636 Application
and entering judgment against Otonomy. In addition, claims 1-8 of the Company’s ’865 Patent were cancelled because
the USPTO determined that the written description of the patent specification lacked full scope support for treating middle or
inner ear disease with fluoroquinolone. However, claim 9 of the Company’s ’865 Patent, which is directed to a method
of treating viral and bacterial infections with intratympanic injection of a fluoroquinolone antibiotic in a poloxamer 407 composition
under certain specifications, was affirmed.
The USPTO’s decision is not final
and may be appealed. There can be no assurance that the Company will be successful on appeal or that the validity or enforceability
of the Company’s ’865 Patent will not be challenged in the future.
SIGNATURE
Pursuant to the requirements of the Securities
Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly
authorized.
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Auris Medical Holding AG
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By:
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/s/ Anne Sabine Zoller
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Name:
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Anne Sabine Zoller
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Title:
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General Counsel
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Date: February 14, 2017
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