PTAB Grants Motion to Amend Claims, Kind Of
By Lisamarie LoGiudice, Ph.D. and J. Patrick Elsevier, Ph.D. In Amerigen Pharmaceuticals Limited v. Shire LLC, IPR2015-02009 (March 31, 2017), the PTAB granted Shire’s Motion to Amend the claims in U.S. Reissued Patent RE 42,096, listed in the FDA’s Orange Book as...
En Banc Federal Circuit Considering Whether 1-Year IPR Time Bar Is Appealable
By John Marlott As we reported earlier, the Federal Circuit decided in January 2017 to rehear en banc whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar can be reviewed on appeal. Wi-Fi One v. Broadcom Corp. The Federal Circuit directed the...
PTAB Invalidates Two Anacor KERYDIN® Patents
By Olga Schwier, Ph.D. and Cary Miller, Ph.D. The PTAB found obvious all claims of U.S. Patent Nos. 7,582,621 and 7,767,657 in the three final written decisions issued on February 23, 2017 (IPR2015-01776, IPR2015-01780, and IPR2015-01785). This marks another victory...
IPRs Are Not Time Barred by an Earlier ITC Complaint
By Yury Kalish Ph.D. and Carl Kukkonen See also, Jones Day ITC Blog's posting on the Bosch case at: http://jonesdayitcblog.com/clock-file-ipr/ Since their introduction as part of the America Invents Act, Inter Partes Reviews (IPRs) have proven to be a powerful tool...
Unsuccessfully Using the Wayback Machine to Establish Status as a Printed Publication
By Jeff Giering, Ph.D. and Cary Miller, Ph.D. On March 6, 2017, the PTAB issued a pair of final written decisions upholding the patentability of U.S. Patent Nos. 7,932,268 (IPR2015-01836) and 8,618,135 (IPR2015-01835), in challenges filed by the Coalition for...