During the week of August 12 – 16, the Patent Trial and Appeal Board (PTAB), issued 26 institution-phase decisions in inter partes review (IPR) proceedings. Nine IPR petitions were denied institution while 17 were instituted; nine of the instituted IPRs were joined to other proceedings that are already ongoing at the agency. Pfizer saw a lot of success last week in having seven IPRs instituted against Sanofi-Aventis, challenging four injectable insulin treatment patents that are at the center of district court infringement litigation between the two parties. The PTAB also instituted IPRs on a series of three LifeNet patents covering tissue graft technologies, which have been asserted against RTI Surgical, including one patent which helped LifeNet earn a multimillion-dollar award for patent infringement in district court.
Litigation
- Patent Filings Roundup: Light Week Leading up to the Holidays Sees Record District Court Terminations
- Stars, Paparazzi, and the Puzzling Law of Copyrights
- B.E. Technology Dubs IPR Process a ‘Kafkaesque Nightmare’ in Mandamus Petition to CAFC
- Patent Infringement, Antitrust, and the Discovery Rule
- CAFC Vacates TTAB Finding of No Fraud on the USPTO, Citing Two Legal Errors
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