During the week of February 25, 2019, the Board issued six decisions in Technology Center 1600: five instituting inter partes review (IPR) and one instituting post-grant review (PGR). The decisions are summarized as follows:
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IPR
PTAB Applies Statutory Grace Period for Weekends and Holidays to IPR Petitions
By Andrew T. Dufresne on
On February 20, 2019, the PTAB held that the statutory grace period for PTO papers and fees due on a weekend or federal holiday applies to the one-year deadline for filing IPR petitions under 35 U.S.C. § 315(b). Under longstanding PTO practice, the Office has accepted filings after a formal deadline if that deadline fell on a weekend or federal holiday and the filing is completed on the next …
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PTAB Tech Center 1600 Round-Up: Week of February 11-15, 2019
By Ellen L. Smith on
During the week of February 11, the Patent Trial and Appeal Board (“the Board”) issued several decisions in TC 1600, including two final written decisions in inter partes reviews (“IPR”). Summaries of the final written decisions follow.…
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PTAB Tech Center 1600 Round-Up: Week of January 14-19, 2019
By Crystal Canterbury on
During the week of January 14–19, 2019, the Patent Trial and Appeal Board (“the Board”) issued 5 IPR institution decisions, 1 IPR final written decision, 1 PGR institution decision, and 1 PGR final written decision in TC 1600. …
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PTAB Tech Center 1600 Round-Up: Week of January 21-25, 2019
By Michael Chajon on
During the week of January 21, 2019, the Patent Trial and Appeal Board (“the Board”) issued two decisions in TC 1600. In those, the Board denied institution of inter partes and post-grant reviews.…
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PTAB Tech Center 1600 Round-Up: Week of January 7-11, 2019
By Allison M. Glasunow on
During the week of January 7, the Patent Trial and Appeal Board (“the Board”) issued four decisions in TC 1600, one denying institution of inter partes review (“IPR”) and three final written decisions. Summaries of the decisions follow:…
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ANDA Filers with Paragraph III certifications = standing to appeal Inter Partes Review decisions according to Federal Circuit
By Emily J. Greb on
In Amerigen Pharmaceuticals v. UCB Pharmaceuticals, the Federal Circuit held that a generic Abbreviated New Drug Application (“ANDA”) filer with a Paragraph III certification to an Orange Book-listed patent has standing to appeal decisions from the Patent Trial and Appeal Board (“the Board”). Case No. 17-2529, Doc. 54, January 11, 2019 (the “Decision”). In this case, Amerigen was a Petitioner in inter partes review proceedings involving U.S. Patent No. 6,858,650 (“the ’650 patent”). The Board found the challenged claims not unpatentable, and Amerigen appealed. On appeal, UCB argued that Amerigen lacked standing to appeal because Amerigen had filed a Paragraph III certification with its ANDA. The Federal Circuit disagreed.
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PTAB Tech Center 1600 Round-Up: Week of December 10-14, 2018
During the week of December 10, 2018, the Board issued several Final Written Decisions and institution decisions in Technology Center 1600. The decisions are summarized below:…
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PTAB’s Precedential Opinion Panel Tackles Issue Joinder
By Bryan D. Beel on
In a previous post, we reported that in Proppant Express Investments v. Oren Techs., a panel of the PTAB held that 35 U.S.C. § 315(c) allows only joinder of other parties to an IPR, and not same-party joinder of new patentability issues. See IPR2018-00914, Paper 21 at 4-6.
In a recent order…
PTAB Tech Center 1600 Round-Up: Week of November 26 – 30, 2018
By Ellen L. Smith on
During the week of November 26, 2018, the Patent Trial and Appeal Board (“the Board”) issued seven decisions in TC 1600, one denying institution of inter partes review (“IPR”), one termination decision, and five final written decisions. Summaries of the decisions follow:…
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