Biogen TYSABRI Patents Spared Inter Partes Review
The USPTO Patent Trial and Appeals Board (PTAB) declined to institute Inter Partes Review (IPR) proceedings against three Biogen Idec TYSABRI patents. The IPR petitions were filed by Swiss Pharma...
View ArticleSwearing Behind A Reference With Reasonably Continuous Diligence
In Perfect Surgical Techniques, Inc. v. Olympus America, Inc., the Federal Circuit vacated and remanded a USPTO Patent Trial and Appeal Board decision in an Inter Partes Review proceeding, finding...
View ArticlePTAB Holds Oral Hearings In Tecfidera Patent IPR and Interference
On November 30, 2016, the USPTO Patent Trial and Appeal Board (PTAB) held oral hearings in two different inter partes proceedings involving the Biogen Tecfidera® patent with the latest expiation date....
View ArticleFederal Circuit Questions Standing For IPR Appeals
As I have written previously, neither the statutes nor the regulations governing Inter Partes Review (IPR) require the party challenging the patent to have been charged with infringement, or even to...
View ArticlePTAB Not Bound By Prior Court Decisions Upholding Exelon Patents
In Novartis v. Noven Pharmaceuticals, Inc., the Federal Circuit affirmed the USPTO Patent Trial and Appeal Board (PTAB) decisions invalidating certain claims of two Orange Book-listed Exelon patents....
View ArticleCoherus Challenges One AbbVie Humira Patent In Four PTAB Proceedings
I’ve written previously about sequential PTAB challenges to the same patent, but the dispute between Coherus Biosciences Inc. and AbbVie Biotechnology Ltd. has engendered six Inter Partes Review...
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Celgene Notches Rare Win On PTAB Request For Rehearing
The recent decisions of the USPTO Patent Trial and Appeal Board (PTAB) granting Celgene’s requests for rehearing in parallel Inter Partes Review proceedings brought by Kyle Bass’s Coalition for...
View ArticleThe Hobson's Choice Of The Hatch-Waxman Integrity Act
As we noted in this article on PTAB Trial Insights, Senator Hatch (R-UT) has introduced the Hatch-Waxman Integrity Act, which is intended to restore the brand-generic balance many say has been skewed...
View ArticleOrange Book Listing Creates Injury To Support Standing To Appeal IPR Decision
Although “any person” except the owner can challenge a patent in an Inter Partes Review (IPR) proceeding, only those who satisfy the constitutional requirements for standing can appeal a decision of...
View ArticleTermination Of Product Development Precludes Standing To Appeal PTAB IPR...
In Momenta Pharmaceuticals, Inc. v. Bristol-Meyers Squibb Co., the Federal Circuit issued another decision analyzing the contours of a petitioner’s Article III standing to appeal PTAB decisions...
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