Monthly Archives: June 2016

PTAB Can Rely Upon Prior Art Not Cited in an IPR Institution Decision to Establish the State of Art

By Frank Liu The Federal Circuit affirmed the PTAB’s final determination in Genzyme Therapeutic Products Limited Partnership v. Biomarin Pharmaceutical Inc., Nos. 2015-1720, 2015-1721 (Fed. Cir. June 14, 2016), holding that the PTAB did not violate the Administrative Procedure Act … Continue reading

Posted in Uncategorized

Federal Circuit Erases a Rare Patent Owner Victory and Tells PTAB: No Changing Horses (Claim Constructions) Midstream

By Tom Engellenner In a recent decision on an inter partes review (IPR) appeal, the Federal Circuit erased a rare victory for a patent owner and remanded the case back to the Patent Trial and Appeal Board (PTAB) for rehearing … Continue reading

Posted in Uncategorized