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Additional Discovery of Clinical Trial Data in Inter Partes Review

USA - March 30 2018 In Apotex, Inc. et al. v. Novartis AG (IPR 2017-00854, paper 47 dated Feb. 5, 2018), petitioner Apotex sought, and was granted, discovery of a Phase...

Timothy Doyle.

Strategic Use of a Reissue Application in the Context of an Inter Partes Review (IPR) Proceeding

USA - January 2 2018 In Legend3D, Inc. (Petitioner) v. Prime Focus Creative Services Canada Inc. (Patent Owner), Case IPR2016-00806, the Patent Trial and Appeal Board...

Federal Circuit Splits on Approach to Analyzing Graham Factors

USA - November 6 2017 In Merck Sharp & Dohme Corp. v. Hospira, Inc.,1 the Federal Circuit affirmed the lower court’s ruling that the asserted claims of Merck’s U.S...

Allen M. Sokal, Wade Haaland.

PTAB Grants Discovery to Underlying Test Data

USA - June 19 2017 Discovery in inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) is typically quite limited, and the PTAB normally is...