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...
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 David Cochran | Feb 20, 2017 | Estoppel, Trial Institution
By Rich Graham and Dave Cochran The Federal Circuit’s decision in Shaw[1] affirmed the PTAB’s policy that a Petitioner was not estopped from requesting inter partes review (“IPR”) based on prior art previously included in a petition for IPR, but for which institution...
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...
by Joe Sauer | Feb 2, 2017 | Trial Institution
By Joe Sauer The PTAB recently dismissed three IPR Petitions filed against the University of Florida Research Foundation on the basis of Eleventh Amendment sovereign immunity. See, Covidien LP v University of Florida Research Foundation Incorporated, IPR2016-01274;...
by Cary Miller | Jan 6, 2017 | Pharmaceutical, Trial Institution
By Unmesh Shah, Ph.D. and Cary Miller, Ph.D. The PTAB instituted an IPR on claims of Mayne Pharma International Pty Ltd.’s (“Mayne”) U.S. Patent No. 6,881,745 B2 covering formulations of azole antifungals in IPR2016-01186. In response to Merck Sharp & Dohme...
