Tag Archives: Priority

PTAB Institutes Third Biotech/Pharma Post-Grant Review

thumbnail image of DNA strandBy Heather R. Kissling on Posted in Biotechnology, Post Grant Review, Section 112
To date, only 43 petitions for Post-Grant Review have been filed with the PTAB.  Nine PGR petitions (21% of total petitions) have been filed to challenge patents arising from Art Unit 1600, which examines applications directed to biotechnology and organic chemistry subject matter.  The PTAB recently instituted the third ever PGR for a biotech-related patent … Continue Reading

Priority Claims Unchallenged In Prosecution Can Be Weak Links

thumbnail image of DNA strandBy William K. Merkel, Ph.D. on Posted in Biotechnology, Inter Partes Review, Post Grant Review
IPR2015-00291 decided a petition filed by Daiichi Sankyo Co. Ltd. against USPN 8,168,181 owned by Alethia Biotherapeutics, Inc.  The ‘181 patent issued from a continuation-in-part of the U.S. national phase of a PCT application and contains claims drawn to methods of impairing osteoclast differentiation, useful in treating various bone diseases.  The Board denied the Patent … Continue Reading

One Post-AIA Claim Risks PGR For All Claims

By Marshall Gerstein on Posted in Institution / Denial, Post Grant Review, Sections 102/103
In its seventh PGR institution, the PTAB recently decided for the first time that a patent asserting a pre-AIA effective filing date was eligible for post-grant review because it contained at least one claim that was only entitled to a post-AIA effective filing date.  Although some claims were entitled to a pre-AIA effective filing date, … Continue Reading
LexBlog