Claim Construction Defeats CFAD’s Bid To Invalidate Patent On Controlled Release Compositions of 5-ASA
By J. Jason Williams and J. Patrick Elsevier, Ph.D. In an October 5, 2016, Final Written Decision, the PTAB denied Coalition For Affordable Drugs II LLC’s (“CFAD’s”) request to invalidate a patent held by Cosmo Technologies Ltd. (“Cosmo”) that covers its commercial...
PTAB Invalidates Patent Claims on Gattex® Formulation
By Wanli Tang, Ph.D. and J. Patrick Elsevier, Ph.D. On October 21, 2016, the PTAB issued two final written decisions in cases IPR2015-00990 and IPR2015-01093, invalidating claims 1-27, 31-40, 44-52 and 61-75 of U.S. Patent 7,056,886. These decisions mark the first...
Federal Circuit Confirms Reach of Supreme Court’s Cuozzo Decision
By Joe Beauchamp On October 20, 2016 the Federal Circuit reaffirmed its earlier order in Medtronic, Inc. v. Robert Bosch Healthcare Sys., Inc. In its original order dismissing the appeal, the Federal Circuit held that it had no jurisdiction over the appeal. The...
PTAB Makes Dispositive Case Rulings Available Daily
The PTAB has introduced a new page where case-dispositive rulings are posted on a daily basis. This page facilitates a quick review of Final Written Decisions, Settlements, and Adverse judgments issued today and the day before. The daily decisions page is described...
Federal Circuit Rejects PTAB Burden Shifting Scheme in IPR and Confirms Burden Lies With the Petitioner Throughout Trial
On July 25, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in In re: Magnum Tools Int’l, Ltd., No. 2015-1300 (Fed. Cir. Jul. 25, 2016) confirming that the burden of proving invalidity lies with the petitioner throughout the entire...