A recent PTAB order found that instituted claims were not unpatentable as anticipated under § 102(b) despite the prior art patent’s disclosure of the administration of the API and a range that subsumed the claimed range of doses. Koios Pharmaceuticals LLC v. Medac Gesellschaft Für Klinische Spezialpräparate mbH et al., IPR2016-01370, Paper 54, (PTAB Feb.…
Last week Judge Casper of the District of Massachusetts joined the District of Delaware in holding that IPR estoppel under 35 U.S.C. § 315(e)(2) does not apply to grounds that a petitioner failed to raise in its petition. Koninklijke Philips N.V. et al. v. Wang Alliance Corp. This decision adds to a growing district court…
Yesterday, the Federal Circuit ruled en banc that decisions by the Patent Trial and Appeal Board (“PTAB”) concerning the timeliness of inter partes review petitions under 35 U.S.C. § 315(b) can be appealed. Wi-Fi One, LLC v. Broadcom Corp. As we previously reported here, a Federal Circuit panel previously held that 35 U.S.C. § 314(d)…
The Patent Trial and Appeal Board (“PTAB”) recently held that sovereign immunity under the Eleventh Amendment is waived in the context of inter partes review (“IPR”) by a state’s filing of a patent litigation in federal court. Ericsson Inc. v. Regents of the University of Minnesota, IPR2017-01186, Paper No. 14. The PTAB first addressed whether…