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,...
En Banc Federal Circuit Considering The Ground Rules For Claim Amendments In Post-Grant Proceedings: In re: Aqua Products
By John Marlott Claim amendments in IPRs are statutorily authorized by the AIA. 35 U.S.C. § 316(d)(1) provides that “[d]uring an inter partes review instituted under this chapter, the patent owner may file 1 motion to amend the patent in 1 or more of the following...
Google Inc. v. Locationet Systems Ltd., CBM2016-00062 – Institution Denied
Article and Photo By Doug Pearson In a decision dated October 25, 2016, the PTAB denied institution of Google Inc.’s petition for Covered Business Method Patent Review (CBM) of claims 14-17 and 19 of U.S. Patent No. 6,771,970 (“the ‘970 patent”) owned by Locationet...