Limitations Absent from a Notice of Allowability May be Material
By Daniel Sloan and Matt Johnson - On August 24, 2023, USPTO Director Kathi Vidal vacated a PTAB decision denying institution of inter partes review in Keysight Technologies, Inc. v. Centripetal Networks, Inc. and remanded the case for further proceedings....
PTAB Publishes Revised Oral Hearing Guide
By RJ Shea and Matt Johnson - The Patent Trial and Appeal Board (“PTAB”) recently published a revised PTAB Oral Hearing Guide (August 2023) updating prior guidance on hearings. The revised Guide includes changes to: 1. Remote participation in PTAB Proceedings; 2....
Defective Service of Complaint Fails to Trigger Time Bar
By Tova Werblowsky* and Matt Johnson - Institution of an IPR is automatically barred if the “petition requesting the proceeding is filed more than 1 year after the date on which the petitioner…is served with the complaint alleging infringement of the patent.” 35...
Federal Circuit Finds Deuterated Analogs Of Small Molecule Drug Obvious
By Raffaella Faraoni and Kunyong Yang - On August 22, 2023, the Federal Circuit issued a nonprecedential decision holding that claims directed to deuterated analogs of ruxolitinib were unpatentable as obvious. Sun Pharm. Indus., Inc. v. Incyte Corp., No. 2019-2011,...
PTAB Rejects Double-Dose of Prior Art
By Matt Modderman, Asvhi Patel, Geoffrey Gavin - In Sandoz Inc. v. Acerta Pharma B.V. (IPR2023-00478), a Patent Trial and Appeal Board (“PTAB”) panel denied IPR institution where the asserted prior art was cumulative of that considered during prosecution. This denial...