PTAB Hand Slapped for Overeager Exclusion of Reg Synthetic Evidence
By Matt Johnson On Nov. 8, the Federal Circuit reversed a PTAB decision to exclude certain allegedly hearsay Reg Synthetic evidence submitted in an attempt to antedate a prior art reference because the Circuit panel found that the evidence was not submitted for the...
Judge Gilstrap Denies Motion to Stay Because Defendant Relying on Third Party IPR Would Not Agree to be Fully Bound by Statutory Estoppel of 35 U.S.C. § 315
By Geoffrey Gavin In Intellectual Ventures II LLC v. Kemper Corporation (accessible here), No. 6:16-cv-00081, Dkt No. 57 (E.D. Tex. Nov. 7, 2016) (Slip Op.), Judge Gilstrap made clear that a defendant in East Texas seeking a stay based on a third party petitioner’s...
Fed. Circuit Rules that Parties Must Have Opportunity to Respond/Rebut Late-Made Factual Assertions
By: Tom Ritchie The Federal Circuit vacated the Patent Trial and Appeal Board’s decision in IPR2013-508 after finding that its refusal to allow NuVasive, the patent owner, to respond to factual matters violated the Administrative Procedure Act (APA). In re: ...
PTAB Upholds Patent Claims on Methods of Using Ravicti®
By Irina Britva, Ph.D. and Cary Miller, Ph.D. On November 3, 2016, the PTAB issued a Final Written Decision upholding a Horizon Therapeutics LLC (“Horizon”) patent, U.S. 8,642,012 (the ’012 patent), relating to use of Ravicti® (glycerol phenylbutyrate) for treating...
U.S. Supreme Court Denies Certiorari In Two Cases Challenging the Constitutionality of Inter Partes Review
By Dave Maiorana The U.S. Supreme Court has denied two of the three pending constitutional challenges to inter partes review ("IPR"). In MCM v. HP, No. 15-1330, patent owner MCM Portfolio LLC ("MCM") challenged the constitutionality of IPRs on two grounds. First,...