BioPharma, Patent Prosecution

Further Guidance from the PTO

And yet diagnostic methods are still wandering in the wilderness… The PTO has issued yet another revision of its Subject Matter Eligibility Guidance for Examiners. The first of these Guidance documents arrived in March 2014 following the Supreme Court’s landmark Myriad decision. The subsequent torrent of feedback and new case law developments (especially the Federal …

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IPR-PGR

Endo Pharma Patent Survives IPR Trial

Amneal Pharmaceuticals came up short in its bid to knock out numerous claims of Endo Pharmaceuticals’ US Patent No. 8,329,216 in a Final Written Decision issued on July 22, 2015, Amneal Pharm., LLC v. Endo Pharm. Inc., IPR2014-00360. The ‘216 patent relates to oral controlled release pharmaceutical formulations comprising oxymorphone and related methods for pain relief. …

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IPR-PGR

PTAB Highlights Motion to Amend Decision

Another day, another key decision from the PTAB. This time, the Board has highlighted a Motion to Amend opinion entered in MasterImage 3D, Inc. v. RealD, Inc., IPR2015-00040, decided by six Administrative Patent Judges. At threshold, the Board commented that Patent Owner’s request for a telephone conference to discuss its Motion to Amend (a requirement under …

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IPR-PGR

PTAB Designates New “Informative Opinion”

When the PTAB considers one of its own decisions to be “informative,” it is always worth taking note. On Friday, July 17th, the Board designated its opinion in Arris Group, Inc. v. C-Cation Techs., IPR2015-00635 as informative, and we discuss its content below. The Arris decision was a rare grant of a Motion for Additional Discovery relating to a …

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IPR-PGR

Motion for Additional Discovery Seeking Details of Kyle Bass-led Coalition Partially Succeeds

We continue to monitor the various strategies and tactics being employed by pharma companies that have been targeted by the “Coalition for Affordable Drugs” – a group led by hedge fund manager Kyle Bass. In a recent decision, the PTAB granted-in-part a pharma company’s attempts to dig into the background of the Bass-led coalition. Coalition for …

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IPR-PGR

Board Has Change of Heart On Rehearing

A request for rehearing is generally considered the IPR equivalent of an end-of-the-game Hail Mary pass, but just like in football, sometimes it works, as illustrated by the Board’s reversal of its prior decision denying review in Handi Quilter, Inc. & Tacony Corporation v. Bernina International AG, IPR2013-00270. The Board originally denied review based on …

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