PTAB Denies Institution of 3 IPRS Against Biogen’s TYSABRI® (natalizumab)

By | PTABWatch | October 26, 2016
On October 17, 2016, the PTAB denied institution of three IPRs [IPR2016-00912, IPR2016-00915, and IPR2016-00916] petitioned by Swiss Pharma AG against three patents owned by Biogen IDEC directed to its anti-α4 integrin antibody product, TYSABRI (natalizumab), marketed to treat multiple sclerosis and Crohn’s disease. View Full Post
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3 is a Magic Number for Mylan: 3 Teva Copaxone Patents Struck Down in IPRs

By | PTABWatch | September 13, 2016
In a series of unfortunate events for Teva Pharmaceuticals, three patents covering methods for administering the blockbuster multiple sclerosis (MS) drug Copaxone® (glatiramer acetate) (owned by Yeda Research and Development Co.) were struck down by the PTAB in recent IPR decisions (IPR2015-00830, IPR2015-00643, and IPR2015-00644). View Full Post
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The Three-Front Assault: PeroxyChem Uses IPR, PGR and District Court to Challenge Opponent

By | PTABWatch | July 21, 2016
In what could become a common patent challenge strategy, PeroxyChem, a chemical company that sells products useful in water and soil remediation, has employed a three-front assault—combining the relatively young post-grant review procedure, with an IPR and litigation–to take on one of its competitors, Innovative Environmental Technologies (IET). View Full Post
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Federal Circuit Confirms PTAB Can Cite Prior Art in IPR Final Decision That Was Not in Grounds of Institution

By | PTABWatch | June 16, 2016
In a recent appeal from a PTAB final written decision, the Federal Circuit determined that a patentee was not denied notice or an opportunity to respond to references cited in the final written decision as representing the state of the art,  but that were not the basis for a grounds for institution. View Full Post
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Another “Reasonable” Re-Interpretation by the Federal Circuit

By | PTABWatch | March 23, 2016
In a recent decision appealing the PTAB’s finding of claims unpatentable in two different, but related re-examination proceedings, the Federal Circuit vacated and remanded the Board’s decisions based on reinterpretation of claim terms construed under the PTAB’s broadest reasonable interpretation (BRI) standard during the re-examination process. View Full Post
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Cross-Pollination of Information from Litigation to IPR Can Lead to Trouble for Parties

By | PTABWatch | February 5, 2016
In a recent order by the magistrate judge in Jazz Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, LLC (NJD, Jan. 22, 2016), defendants Amneal Pharmaceuticals and Par Pharmaceuticals were reprimanded and threatened with sanctions and monetary fines for trying to use confidential information from the litigation to move for additional discovery in a related IPR proceedings.  View Full Post
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