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Petition For Rehearing Claim Limitations

Akin Gump Strauss Hauer & Feld LLP

Director Vacates PTAB’s Denial of Institution That Contradicted Federal Circuit Precedent on Anticipation and Written Description...

A Petitioner filed a request for rehearing and a request for Precedential Opinion Panel review after the Patent Trial and Appeal Board (PTAB or the “Board”) rejected its petition for post-grant review. The Director of the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Denies Petition for Rehearing en Banc in Biogen Int'l GmbH v. Mylan Pharmaceuticals Inc.

On March 16th, the Federal Circuit denied Biogen's petition for panel rehearing and rehearing en banc in Biogen Int'l GmbH v. Mylan Pharmaceuticals Inc.  Judges Cunningham and Stoll did not participate in the decision, which...more

Haug Partners LLP

Has the Federal Circuit Just Put the Final Nail in the Coffin of Broad Functional Genus Claims?

Haug Partners LLP on

July 1, 2021 In a development having significant ramifications for many biopharma companies, the Federal Circuit has denied Amgen’s petition for rehearing en banc a decision invalidating a genus patent covering its antibody...more

Haug Partners LLP

Can Biopharma Functional Genus Patent Claims Be Resuscitated?

Haug Partners LLP on

An en banc rehearing petition to the Federal Circuit seeks to breathe life back into the widespread practice of patenting a genus of compounds by claiming their common functional characteristics. This claiming practice was...more

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