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Post-Grant Review Samsung

Venable LLP

Regeneron Dismisses IPR Appeals and Disclaims EYLEA® (aflibercept) Patent

Venable LLP on

On July 8, 2024, Regeneron, Mylan, Celltrion, and Apotex jointly stipulated to the dismissal of CAFC Appeal Nos. 23-1395 and 23-1396, appealing the Final Written Decisions finding all challenged claims of U.S. Patent Nos....more

Goodwin

Issue 38: PTAB Trial Tracker

Goodwin on

Fate of Fintiv - As discussed in our Client Alert, “Fintiv 2.0: USPTO Director Issues Guidance Softening Risk of Discretionary Denial,” USPTO Director Kathi Vidal issued a set of interim procedures clarifying how the PTAB...more

Jones Day

CAFC Holds PTAB May Not Cancel Claims For Indefiniteness In An IPR

Jones Day on

The Federal Circuit’s recent decision in Samsung Electronics America, Inc. v. Prisua Engineering Corp., — F.3d —, 2020 WL 543427, at *4 (Fed. Cir. Feb. 4. 2020), could not be more clear: “[W]e hold that the Board may not...more

McDermott Will & Emery

PTAB May Not Cancel Indefinite Claims in IPR, No Matter What

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit imposed limits on what the Patent Trial and Appeal Board (PTAB) is authorized to do by statute when dealing with challenged claims in an inter partes review (IPR) that it finds...more

Mintz - Intellectual Property Viewpoints

Can Infringement Contentions be Amended to Add New Claims Resulting from an Ex Parte Reexam Filed after IPRs Invalidated Some but...

Judge Gilliam of the Northern District of California recently answered this question and provided helpful guidance on the interplay of IPRs, reexaminations and district court litigation. In IXI Mobile (R&D) Ltd., et al., v....more

Troutman Pepper

CAFC Finds Another PTAB Claim Construction Unreasonable and Again Reverses an Invalidity Holding

Troutman Pepper on

In an inter partes review (IPR) proceeding, the meaning of terms used in challenged claims of an unexpired patent are given their broadest reasonable interpretation in light of the claim language and the specification. The...more

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