by Cary Miller | Apr 18, 2018 | Prior Art Issues
By: Cary Miller, Ph.D. The PTAB recently rejected a request for rehearing by Bayer CropScience LP (“Bayer”). Bayer Cropscience LP, v. Syngenta Limited, IPR2017-01332, Paper 15 (P.T.A.B. Apr. 2, 2018).[1] The PTAB stated that when the prior art does not identify the...
by Cary Miller | Jan 5, 2018 | 325(d) issues
By Bing Liang, Ph.D. and Cary Miller, Ph.D. We have published other blog postings relating to 35 U.S.C. §325(d), including a blog posting that addresses the PTAB’s October 24, 2017 notice designating three of its decisions as informative (here). Recently, the PTAB...
by Cary Miller | Dec 8, 2017 | Final Written Decisions
By Jeff Giering, Ph.D. and Cary Miller, Ph.D. On November 28, 2017, the PTAB issued a final written decision upholding the patentability of U.S. Patent No. 6,667,061 (IPR2016-01096). The ’061 patent is owned by Alkermes Pharma Ireland, Ltd. and Alkermes Controlled...
by Cary Miller | Oct 3, 2017 | Trial Institution
By Lin Yu, Ph.D. and Cary Miller, Ph.D. In IPR2017-01054 and IPR2017-01055 (Fresenius Kabi USA, LLC v. Hospira Inc.), the PTAB denied institution of inter partes reviews of U.S. Patent Nos. 8,242,158 and 8,338,470, because Petitioner Fresenius filed the IPR petitions...
by Cary Miller | Aug 9, 2017 | Pharmaceutical, Trial Institution
By Raffaella Faraoni, Ph.D. and Cary Miller, Ph.D. At least 19 IPRs have been filed against seven of Genentech’s patents covering its blockbuster antibody drug Herceptin® (trastuzumab). On July 27, 2017, the PTAB instituted IPRs filed by Hospira, Inc. (a subsidiary of...
