PTAB Upholds GILENYA™ Method of Treatment Patent, Prompting New ANDA Litigation
By: J. Jason Williams and Cary Miller, Ph.D. – The PTAB considers the patentability of a method of treatment patent directed to treating multiple sclerosis using a composition found obvious in an earlier filed IPR.
Institution Denied: Pending Federal Circuit Appeal Warrants Denial of IPR
By: Marc S. Blackman – A recent PTAB decision considers efficiency of the patent system in deciding whether pending Federal Circuit appeal warrants denial of IPR.
Patent Transfer to Native American Tribe Does Not Immunize Patents from Inter Partes Review
By: Marc S. Blackman, Lisa L. Furby, and John Normile – The Federal Circuit, in a matter of first impression, has ruled that tribal sovereign immunity does not apply to inter partes review (“IPR”) proceedings.
Eligibility for a Covered Business Method Review
By: Sean Benevento, Mike Lavine, and Matt Johnson – In a recent decision, the PTAB provides further guidance for Petitioners seeking eligibility for a Covered Business Method Review.
§ 325(d) for § 101 CBM Petition
By: Matt Johnson – The PTAB considers whether a 101 argument in a follow-on petition warrants denial as the same or substantially the same argument previously presented.