Tag Archives: inter partes review

PTAB, IPRs and Uncertainty in the Patent System

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The topic of inter partes reviews (IPRs) has dominated conversation in patent circles for the last several years (see our archive for some of our past articles on the subject). As uncertainty grows in the biopharma community about IPR procedures and the future of innovation, BIO will make IPRs a major topic of discussion at our upcoming IP and Diagnostics Symposium (BIO IPDX) as well as BIO’s IP Counsels Committee Meeting in November. An administrative Read More >

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Will the PTAB Be A Roadblock for Biotech? Stories from Sessions at BIO 2016

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We’re at the beginning of day 3 here at BIO 2016, and that means we’ve already had a full day of high quality programming for our Intellectual Property track! Let’s take a look at one of yesterday’s most popular sessions. Will the PTAB be a Road Block for Biotech? Lessons Learned from the First Three Years of Inter-Partes Review and Future Prospects Moderated by William Kubetin, Managing Editor at Bloomberg BNA Panelists: Kevin Noonan, Partner at McDonnell, Boehnen, Read More >

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“II Ca-Be-lly, or Not II Ca-Be-lly?”: Is The Famous Cabilly II Antibody Patent Near Extinction?

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Guest post by Konstantin Linnik, Ph.D., Isaac Hubner, Ph.D, and Lana Gladstein, who are attorneys in the Boston office of Nutter McClennen & Fish LLP. On February 5, 2016, the Patent Trial and Appeal Board (“PTAB”) issued a decision to institute an Inter Partes Review (“IPR”) of Genentech’s “Cabilly II” patent (U.S. Patent No. 6,331,415). This triggered the one-month deadline for third parties to request joinder under 37 CFR § 42.122(b).  Whether you are a licensee, or otherwise Read More >

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Patent Reform in the News

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The New York Post and The Washington Post have both run Op-eds in the last week addressing the need to reform the PTO’s inter partes review (IPR) process within current patent reform legislative efforts. Both opinions point to the weakness within the IPR process exposed by short selling practices of predatory hedge fund managers. Click on the links below to read more: From the New York Post: Hedge-fund investors are coming to raid your medicine cabinet. By Peter Read More >

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225th Anniversary of First U.S. Patent

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225 years ago last Friday the first U.S. patent was issued to Samuel Hopkins for an improved process for creating potash, America’s first industrial chemical compound. America’s Founding Fathers recognized Intellectual property as a fundamental right, so much so they enshrined it into our Constitution. The systems for issuing patents have changed over the years, but Congress retains the authority to regulate and change matters of patent law. Unfortunately, not all changes to patent law Read More >

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