Administrative Procedure Act Evidence Patents

News & Analysis as of

Federal Circuit Overturns PTAB Denial of Motion to Amend Claims in IPR Proceeding

Veritas Technologies LLC v. Veeam Software Corp., No. 2015-1894 (Fed. Cir. Aug. 30, 2016). On recurring controversy in AIA trials is the difficulty patent owners face meeting the PTAB’s strict requirements for amending...more

Genzyme Therapeutic Products Ltd. v. Biomarin Pharmaceutical Inc. (Fed. Cir. 2016)

The Federal Circuit affirmed the decision by the Patent Trial and Appeals Board (PTAB) in an inter partes review (IPR) that the claims of Genzyme's U.S Patent Nos. 7,351,410 and 7,655,226 were obvious, in Genzyme Therapeutic...more

Federal Circuit Rules That PTAB May Base AIA Trial Decision on Facts Outside Petition for Review

The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision by the USPTO Patent Trial and Appeal Board (PTAB) invalidating two patents after an inter partes review proceeding, even though the decision...more

Kappos v. Hyatt (2012)

That rarest of rara aves issued from the Supreme Court yesterday, an affirmance of a Federal Circuit opinion in Kappos v. Hyatt. Perhaps it is because, as in Stanford v. Roche one of the parties was the government (here,...more

Kappos v Hyatt

Kappos v HyattU.S. Supreme Court

There are no limitations on a patent applicant’s ability to introduce new evidence in a §145 proceeding beyond those already presentin the Federal Rules of Evidence and the Federal Rules of Civil Procedure. If new evidence is...more

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