Recent Posts
- Hikma v. Vanda: Oral Argument Recap
- Teva v. Lilly should not be read as creating a new 112 rule for method of use claims
- Should ANDA filers be using the PTAB to mount early challenges to OB patents?
- Switching to WordPress
- Judge Hughes concurrence highlights post grant review appeal standing issue for pharma cases
Category: Inter Partes Review
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In Incyte Corp. v Sun Pharmaceutical Indus., Inc., the Federal Circuit found a PGR petitioner lacked standing to appeal because its “development plans amount to an expression ofintent to create a product that runs a substantial risk of infringement if it is able to clear all development hurdles, secure FDA-approval, and bring its product to market” which…
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I wrote previously about oral argument in the Kroy v. Groupon case, where the Federal Circuit grappled with how to apply collateral estoppel from PTAB decisions in IPRs and PGRs where related unchallenged claims from the same patent are at issue in district court. As I wrote then, the appellant presented an interesting argument that…
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Hospira, Inc. v. Genentech, Inc., IPR2017-00731 (PTAB) by Aaron F. Barkoff Apparently it is not impossible to change the PTAB's mind. In a rare decision last week, the Board granted Hospira's request for rehearing of its earlier decision denying institution, and instituted review of U.S. Patent No. 7,846,441. Genentech is expected to assert the…
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Amneal Pharmaceuticals, LLC v. Supernus Pharmaceuticals, Inc., IPR2013-00368, IPR2013-00371, IPR2013-00372 (PTAB) by Robert F. Kappers The U.S. Patent Trial and Appeal Board issued a trio of related decisions on December 17, 2013, each instituting inter partes review of one of three related patents on once-daily formulations of tetracycline. On June 20, 2013, Amneal Pharmaceuticals filed…
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BioDelivery Sciences Int'l, Inc. v. MonoSol RX, LLC, IPR2013-00315 (PTAB) by Robert F. Kappers On November 13, 2013, the Patent Trial and Appeal Board issued a decision denying the petition for inter partes review filed by BioDelivery Sciences targeting MonoSol Rx's U.S. Patent 7,425,292. The '292 patent relates to thin films with non-self-aggregating uniform…
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St. Jude Medical, Cardiology Division, Inc. v. Volcano Corp., IPR2013-00258 (PTAB) by Robert F. Kappers and Herbert D. Hart III On October 16, 2013, the Patent Trial and Appeal Board issued a decision denying the petition for inter partes review filed by St. Jude Medical targeting Volcano Corp.'s U.S. Patent No. 7,134,994 ("the '994 patent"). …
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Accord Healthcare v. Eli Lilly and Co., IPR2013-00356 (PTAB) by Herbert D. Hart III On October 1, 2013, the Patent Trial and Appeal Board issued a decision denying the petition for inter partes review filed by Accord Healthcare targeting Eli Lilly's U.S. Patent No. 7,772,209. The '209 patent is listed in the Orange Book…
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