PTAB Eyes Swear-Behind Evidence with Skepticism
By Matt Johnson On December 20th, the PTAB found inventor Seymour Levine’s attempt to rescue certain claims of his patent via a swear-behind declaration unsuccessful. Boeing Company v. Seymour Levine, IPR2015-01341, Final Written Decision (Dec. 20, 2016). Mr....
Connecting the Dots: Anticipation Requires More Than Listing Scattered Claim Elements
By Jeff Giering, Ph.D. and Cary Miller, Ph.D. On November 30, 2016, the PTAB issued decisions on the institution of inter partes reviews of U.S. Patent No. 6,667,061 (the ’061 patent), which relates to formulations for injectable suspensions having increased...
Inherent Obviousness: Artisans Need Not Recognize Latent Properties to Challenge Claims
By Jeff Giering, Ph.D. and Cary Miller, Ph.D. On November 30, 2016, the PTAB issued decisions on the institution of inter partes reviews of U.S. Patent No. 6,667,061 (the ’061 patent), which relates to formulations for injectable suspensions having increased...
Despite Granting a Request for Rehearing, the PTAB Maintained Its Finding that Teva’s Copaxone Claims Were Unpatentable as Obvious
By Lisamarie LoGiudice, Ph.D. and Cary Miller, Ph.D. In Mylan Pharmaceuticals Inc. and Amneal Pharmaceuticals LLC v. Yeda Research & Development Co. Ltd., IPR2015-00643; -00644; -00830, the PTAB granted-in-part Patent Owner Teva’s request for rehearing of the...
PTAB Agrees to Review Patent Claims Covering Dry Eye Ailments
By Wanli Tang, Ph.D. and J. Patrick Elsevier, Ph.D. On December 8, 2016, the PTAB issued six institution decisions in cases IPR2016-01127, IPR2016-01128, IPR2016-01129, IPR2016-01130, IPR2016-01131, and IPR2016-01132, agreeing to review claims of U.S. Patent Nos....