by Cary Miller | Jan 30, 2017 | 325(d) issues, Pharmaceutical, Real Party in Interest
By Kunyong Yang and Cary Miller, Ph.D. On January 19, 2017, the PTAB instituted inter partes review of U.S. Patent No. 8,822,438 (“the ’438 patent”) filed by Wockhardt Bio AG (“Wockhardt”) (IPR2016-01582). The ’438 patent is owned by Janssen Oncology, Inc....
by Matthew Johnson | Jan 4, 2017 | Federal Circuit Appeal, Real Party in Interest, Time Limits, Trial Institution
By Matt Johnson Today the Federal Circuit agreed to rehear en banc the panel decision in Wi-Fi One v. Broadcom Corp. on the issue of whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar can be reviewed on appeal. This question tests the...
by Jones Day's PTAB Team | Dec 17, 2016 | Real Party in Interest
By Jaime D. Choi Ph.D. IPR petitions are required to identify “all real parties in interest,” among other things because the final written decision of the PTAB prevents the petitioner, the real party in interest, or privy of the petitioner to “request or maintain a...
by Jones Day's PTAB Team | Oct 28, 2016 | Federal Circuit Appeal, Real Party in Interest
By Joe Beauchamp On October 20, 2016 the Federal Circuit reaffirmed its earlier order in Medtronic, Inc. v. Robert Bosch Healthcare Sys., Inc. In its original order dismissing the appeal, the Federal Circuit held that it had no jurisdiction over the appeal. The...
by Jones Day's PTAB Team | Oct 11, 2016 | Federal Circuit Appeal, Real Party in Interest
The PTAB is beginning to address a small stream of cases reversed and remanded by the Federal Circuit, and the scope of what the PTAB will consider on remand is of interest. In Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2013-00340, Paper 85...
by Matthew Johnson | Jan 7, 2016 | Real Party in Interest
Elekta, Inc. v. Varian Medical Systems, Inc., IPR2015-01401, Institution Decision, December 31, 2015. On New Year’s Eve, the PTAB opted to permit petitioner Elekta to adjust the real parties in interest identified in its Petition without adjusting the filing...
