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Including Functional Claim Language Helped Save Pozen’s VIMOVO® Patents

Including Functional Claim Language Helped Save Pozen’s VIMOVO® Patents

by Cary Miller | Mar 21, 2017 | Pharmaceutical

By Bing Liang, Ph.D. and Cary Miller, Ph.D. On February 28, 2017, the PTAB held that the petitioner Lupin had not shown that the challenged claims in two of Pozen’s patents were invalid (IPR2015-01773 and IPR2015-01775).  These cases show the advantage of using...
In an IPR, the Burden of Persuasion in an Obviousness Challenge Never Shifts to Patentee

In an IPR, the Burden of Persuasion in an Obviousness Challenge Never Shifts to Patentee

by Cary Miller | Mar 15, 2017 | PTAB Trial Basics

By Raffaella Faraoni, Ph.D. and Cary Miller, Ph.D. On March 3, 2017, in a final written decision in IPR2015-01838, the PTAB rejected an obviousness challenge brought by DuPont against a patent owned by Furanix Technologies B. V. directed to methods for preparing the...
PTAB Denies Institution of IPR Proceedings Against Bayer’s Patent Covering STIVARGA®

PTAB Denies Institution of IPR Proceedings Against Bayer’s Patent Covering STIVARGA®

by Cary Miller | Mar 8, 2017 | Pharmaceutical, Trial Institution

By Irina Britva, Ph.D and Jennifer Chheda, Ph.D. On February 8, 2017, the PTAB denied Fustibal LLC’s (“Fustibal”) petition to institute inter partes review of U.S. Patent 8,637,553 B2 (“the ’553 patent”) owned by Bayer HealthCare LLC (“Bayer”) (IPR2016-01490).  The...
Old Drug Label Still Requires Authentication of Publication Date

Old Drug Label Still Requires Authentication of Publication Date

by Cary Miller | Feb 17, 2017 | Evidentiary Issues, Trial Institution

By Lin Yu, Ph.D. and Cary Miller, Ph.D. In IPR2016-01566 (Mylan Pharmaceuticals Inc. v. Boehringer Ingelheim International GMBH), the PTAB denied institution of an inter partes review of U.S. Patent No. 9,173,859, in part, because Petitioner –Mylan – failed to provide...
PTAB Institutes Separate IPR Proceedings Filed by Codefendants, Finding that the Later IPR Proceeding Was Not Barred by 35 U.S.C. § 325(d)

PTAB Institutes Separate IPR Proceedings Filed by Codefendants, Finding that the Later IPR Proceeding Was Not Barred by 35 U.S.C. § 325(d)

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....
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.