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...
by Jones Day's PTAB Team | Feb 24, 2017 | Pharmaceutical, PTAB Trial Basics, Trial Institution
By Dominic J. Yee, Ph.D. and J. Patrick Elsevier, Ph.D. On February 3, 2017, the PTAB denied a petition by Amneal Pharmaceuticals LLC (“Amneal”) to institute an inter partes review of Hospira Inc.’s patent directed to pharmaceutical compositions of the sedative...
by Carl Kukkonen | Jan 16, 2017 | Prior Art Issues, PTAB Trial Basics
By Kevin Clark and Carl Kukkonen The Patent Trial and Appeal Board (“Board”) recently reviewed the threshold necessary to institute a request for inter partes review (IPR) under 35 U.S.C. § 102. Munchkin, Inc. v. Int’l Refills Co., Ltd., IPR2016-01154 (December 12,...
by Jones Day's PTAB Team | Nov 14, 2016 | Federal Circuit Appeal, PTAB Trial Basics
By: Tom Ritchie The Federal Circuit vacated the Patent Trial and Appeal Board’s decision in IPR2013-508 after finding that its refusal to allow NuVasive, the patent owner, to respond to factual matters violated the Administrative Procedure Act (APA). In re: ...
by Jones Day's PTAB Team | Oct 20, 2016 | Federal Circuit Appeal, Petitions, PTAB Trial Basics
On July 25, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in In re: Magnum Tools Int’l, Ltd., No. 2015-1300 (Fed. Cir. Jul. 25, 2016) confirming that the burden of proving invalidity lies with the petitioner throughout the entire...
by Matthew Johnson | Oct 13, 2016 | Final Written Decisions, Petitions, PTAB News, PTAB Trial Basics, Trial Institution
By Matt Johnson (profile) The Patent Trial and Appeal Board has released AIA trial filing and disposition numbers for August 2016. Filings remained near the 150 mark, with 143 total trials being requested in August, 136 of those being requests for Inter Partes Review....