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To Establish Entitlement to an Earlier Effective Filing Date, Every Claim Limitation Must be Addressed

By Joshua T. Elliott on May 1, 2017 Posted in Section 112

The PTAB’s final written decision in Inguran, LLC d/b/a Sexing Techs. v. Premium Genetics (UK) LTD., Case PGR2015-00017, Paper 22 (PTAB 2016), illustrates what a Patent Owner must do to demonstrate that a challenged claim is entitled to an earlier effective filing date in an AIA trial. The PGR involved U.S. Patent 8,933,395, which issued … Continue Reading

PTAB Cancels Gattax® Patent Claims in Coalition for Affordable Drugs IPRs

By Joshua T. Elliott on November 28, 2016 Posted in Biotechnology, Inter Partes Review, IPR, Sections 102/103

In two final written decisions (IPR2015-01093 and IPR2015-00990), the PTAB found that challenged claims in Shire’s U.S. Patent No. 7,056,886 (the ’886 patent) were invalid as obvious. The decisions highlight potential issues related to patents directed to pharmaceutical formulations that petitioners and patent owners alike may want to consider if confronted with an IPR related … Continue Reading

Establishing Written Description Support May Require Supporting Evidence, More Than Attorney Argument

By Joshua T. Elliott on March 3, 2015 Posted in Biotechnology, Sections 102/103

The PTAB’s final written decision in Butamax Advanced Biofuels LLC v. Gevo, Inc. Case IPR2013-00539, Paper 33 (P.T.A.B. 2015), illustrates the importance of providing more than attorney argument to show that claims have written description support in a provisional application. … Continue Reading