by Matthew Johnson | Oct 4, 2023 | PTAB News, PTAB Trial Basics, Time Limits
By Tova Werblowsky* and Matt Johnson – Institution of an IPR is automatically barred if the “petition requesting the proceeding is filed more than 1 year after the date on which the petitioner…is served with the complaint alleging infringement of the patent.” 35...
by Kunyong Yang | Sep 28, 2023 | Pharmaceutical, PTAB News
By Raffaella Faraoni and Kunyong Yang – On August 22, 2023, the Federal Circuit issued a nonprecedential decision holding that claims directed to deuterated analogs of ruxolitinib were unpatentable as obvious. Sun Pharm. Indus., Inc. v. Incyte Corp., No....
by Geoffrey Gavin | Sep 26, 2023 | 325(d) issues, PTAB News, Trial Institution
By Matt Modderman, Asvhi Patel, Geoffrey Gavin – In Sandoz Inc. v. Acerta Pharma B.V. (IPR2023-00478), a Patent Trial and Appeal Board (“PTAB”) panel denied IPR institution where the asserted prior art was cumulative of that considered during prosecution. This...
by David Maiorana | Sep 15, 2023 | Joinder, PTAB News, Trial Institution
By David Linden and Dave Maiorana – In February 2023, T-Mobile USA, Inc. (“T-Mobile”) filed petitions requesting four inter partes reviews (“the T-Mobile IPRs”)—two of which challenged U.S. Patent No. 8,630,234 and two of which challenged U.S. Patent No....
by Matthew Johnson | Sep 13, 2023 | Prior Art Issues, PTAB News, Trial Institution
By Evan Tassis and Matt Johnson – The PTAB recently denied institution of inter partes review of a patent directed to determining the pitch of roofs after finding that Petitioner failed to directly challenge the sufficiency of Patent Owner’s priority assertions...
by Matthew Johnson | Sep 11, 2023 | 325(d) issues, PTAB News, Trial Institution
By Matt Johnson and Jack Graves— The PTAB recently declined to apply Section 325(d) and instituted inter partes review after a patent owner unsuccessfully argued that the petition relied on substantially the same prior art as that which the Office had previously...