CAFC Rules Petitioner has Burden of Proof

CAFC Rules Petitioner has Burden of Proof to Demonstrate Unpatentability of Patent Owner’s Amended Claims in an Inter Partes Review On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit (CAFC) sitting en banc, ruled that the petitioner has the burden of persuasion with respect to demonstrating unpatentability of amended claims proposed by…

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Update on Regeneron Pharmaceuticals Inc. v. Merus N.V.

Update on Regeneron Pharmaceuticals Inc. v. Merus N.V. On Tuesday, September 12, 2017, as expected, Regeneron Pharmaceuticals Inc. petitioned  the Court of Appeals for the Federal Circuit (CAFC) for a rehearing en banc of its panel decision rendered in Regeneron Pharmaceuticals Inc. v. Merus N.V., 864 F3d 1343, 123 USPQ2d 1469 (Fed. Cir. 2017). On September 26, 2017, Washington…

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CAFC Affirms Patent-in-Suit Unenforceable by Drawing an Adverse Inference of Intent to Deceive the USPTO During its Procurement

CAFC Affirms Patent-in-Suit Unenforceable by Drawing an Adverse Inference of Intent to Deceive the USPTO During its Procurement On July 27, 2017, in a panel decision, the Court of Appeals for the Federal Circuit (CAFC) affirmed the district court’s ruling below (Southern District of New York) that Regeneron’s US Patent No. 8,502,018 is unenforceable due…

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