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ARTICLE · 10 JANUARY 2018

Declarations As New Evidence To Overcome § 325(d)

Jones Day
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We have published other blog postings relating to 35 U.S.C. §325(d), including a blog posting that addresses the PTAB's October 24, 2017 notice designating three of its decisions as informative (here).

United StatesIntellectual Property
Bing Liang Ph.D.
Bing Liang Ph.D.
Cary Miller Ph.D.
Cary Miller Ph.D.
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We have published other blog postings relating to 35 U.S.C. §325(d), including a blog posting that addresses the PTAB's October 24, 2017 notice designating three of its decisions as informative (here).  Recently, the PTAB instituted an inter partes review of US Patent No. 7,049,328 (the "'328 patent") issued to Apotex Technologies, Inc. (IPR2017-01446) in view of a reference the USPTO had already considered during prosecution.

The '328 patent is directed to using deferiprone, an iron chelating drug, to treat patients who require regular transfusions of red blood cells by stabilizing or reducing iron overload in their hearts.  Claim 1 is illustrative of the challenged claims and recites:

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