Tagged as: IPR

PTO Proposes Replacing Broadest Reasonable Interpretation Claim Construction Standard in IPR, PGR, CBM Proceedings

Today, the PTO announced proposed rulemaking to change the claim construction standard applied by the PTAB in IPR, PGR, and CBM proceedings.  In particular, the PTO proposes replacing the broadest reasonable interpretation standard for construing unexpired patent claims with the standard applied in federal district courts and ITC proceedings as…

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PTO Issues Guidance in Wake of SAS Decision

As we reported earlier this week, the Supreme Court held in SAS Institute Inc. v. Iancu that when the PTAB institutes an IPR, it must decide the patentability of all challenged claims.  The U.S. Patent and Trademark Office yesterday issued guidance on the impact of SAS.  The guidance explains that going forward: …

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IPR Updates Relating to Adalimumab and Rituximab

Last week, the Patent Trial and Appeal Board (“Board”) instituted inter partes review of two patents directed to methods of administering adalimumab for the treatment of psoriasis, based on petitions filed by Sandoz: IPR2017-02105 (challenging U.S. Pat. No. 9,090,689) and IPR2017-02106 (challenging U.S. Pat. No. 9,067,992). Separately, the Board issued…

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Immunex Moves To Stay Dupixent® Patent Litigation Pending IPR

Last week, in the ongoing Immunex v. Sanofi patent litigation regarding Immunex’s claims of infringement against Sanofi and Regeneron’s Dupixent® (dupilumab) product, Immunex moved to stay the litigation pending resolution of two IPR proceedings the PTAB instituted on February 15, 2018 (IPR2017-01879 and IPR2017-01884) regarding the sole asserted patent: U.S. Patent No. 8,679,487….

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Biologics IPR Updates

Last week, the Patent Trial and Appeal Board (“Board”) denied institution of four IPR petitions on biologics-related patents.  First, the Board denied institution of IPR2017-01987 and IPR2017-01988, both filed by Sandoz Inc.  These IPRs sought to challenge U.S. Patent Nos. 8,911,737 and 8,974,790, respectively, both owned by AbbVie Biotechnology Ltd., and…

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