Genentech to Defend 3 of 4 Herceptin® Patents Challenged by Hospira
By Raffaella Faraoni, Ph.D. and Cary Miller, Ph.D. At least 19 IPRs have been filed against seven of Genentech’s patents covering its blockbuster antibody drug Herceptin® (trastuzumab). On July 27, 2017, the PTAB instituted IPRs filed by Hospira, Inc. (a subsidiary of...
PTAB Designates Portion Of Assignor Estoppel Opinion As Precedential
By Dave Maiorana In October 2016, we posted about a Federal Circuit decision addressing whether assignor estoppel bars a party from filing an inter partes review petition. In Athena Automation Ltd. v. Husky Injection Molding Systems Ltd., the court held that it...
Delayed Payment Proves Fatal for Cultec’s PTAB Challenge
By Marlee Hartenstein and Matt Johnson Under 35 U.S.C. § 315(b), a petition for inter partes review (IPR) may not be filed more than one year after the date on which the petitioner was served with a patent infringement complaint. Thus, a petition must meet all of the...
PTAB Grants Rare Motion To Amend Patent Claim After Federal Circuit Remand
By Christian Damon and John Marlott Last year, the Federal Circuit vacated the Board’s original decision denying the patent owner’s motion to amend two claims in IPR2014-00090, holding that the Board erred by “insist[ing] that the patent owner discuss whether each...
Final Written Decision Not So Final in Eyes of The ITC
By Christian Damon The ITC recently continued its trend of giving little deference to parallel PTAB IPR proceedings. In Certain Network Devices, Related Software and Components Thereof (II), Inv. No. 337-TA-945, the ITC denied a request to suspend or rescind a...