Search Results: test PTAB + IPR

IPR Updates

Here are some updates since our last IPR update: HUMIRA On November 6, 2017, Sandoz filed an IPR Petition challenging AbbVie’s U.S. Patent No. 9,187,559 (IPR2018-00156).  The ‘559 patent is directed to a method for treating idiopathic inflammatory bowel disease. RITUXAN On November 6, 2017, the Board denied institution of an IPR on Pfizer’s…

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PTAB Adopts New Attorney-Client Privilege Rule for PTO Trial Proceedings, Extending Protection to Patent Agents and Foreign Patent Practitioners

Earlier this week the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”) published a Final Rule regarding the scope of the attorney-client privilege in proceedings before the PTAB.  The Rule states that any “communication between a client and a USPTO patent practitioner or a foreign jurisdiction patent practitioner that…

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PTAB Permits Amicus Briefing in Connection with the St. Regis Mohawk Tribe’s Motions to Terminate IPRs Based on Tribal Sovereign Immunity

In a move that has attracted attention from industry, the judiciary, and Congress, Allergan, Inc. assigned its rights to patents covering its Restasis® dry eye treatment to the St. Regis Mohawk Tribe (“Tribe”) and simultaneously licensed back those patents in exchange for the Tribe’s agreement to invoke tribal sovereign immunity in inter…

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IPR Updates

The PTAB remains a busy venue for biologics patents.  Here are some IPR updates from the weeks since our last IPR update: HERCEPTIN On October 4, the Board instituted IPR on four petitions that Celltrion had filed on Genentech patents related to Herceptin® (trastuzumab): IPR2017-01121 (challenging U.S. Patent 7,846,441); IPR2017-01122 (challenging U.S. Patent No….

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Coherus Files Two More Petitions for IPR of Abbvie's '619 Humira Patent

Coherus Biosciences has filed two petitions for inter partes review of Abbvie’s U.S. Patent 9,085,619.  (IPR2017-01008 and IPR2017-01009).  Coherus recently filed four other petitions for inter partes review of the ‘619 patent, as we’ve reported.  Those cases are pending an institution decision. According to the petitions, the ‘619 patent is drawn…

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Full Federal Circuit to Decide Whether Some IPR Institution Decisions are Reviewable

On January 4, 2017, the Federal Circuit granted a motion for en banc rehearing in Wi-Fi One LLC v. Broadcom Corp., No. 2015-1944.  In the original Wi-Fi One decision, the court held that, due to binding precedent, it could not review the PTAB’s decision to institute IPR over the Patent Owner’s assertions that the petition…

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Update on IPR Estoppel

Law360 has published an article by contributing editors here at Big Molecule Watch.  The article, titled “IPR Estoppel Takes Shape,” looks at recent cases that discuss the scope of estoppel stemming from inter partes review proceedings.  Click here for a link to the article.

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