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ARTICLE · 11 NOVEMBER 2020

Intrinsic Evidence Trumps

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Immunex Corp. v. Sanofi-Aventis U.S. LLC, No. 2019-1749 (Fed. Cir. Oct. 13, 2020), the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision in an inter partes review.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Adriana Burgy
Adriana Burgy
Stacy Lewis
Stacy Lewis
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Holding: In Immunex Corp. v. Sanofi-Aventis U.S. LLC, No. 2019-1749 (Fed. Cir. Oct. 13, 2020), the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") affirmed the Patent Trial and Appeal Board's ("Board") decision in an inter partes review ("IPR") IPR2017-01884 that all of the claims of U.S. Patent No. 8,678,487 ("the '487 patent") were unpatentable. Id. at Slip Op. page 2. Sanofi-Aventis U.S. LLC., Genzyme Corp. and Regeneron Pharmaceuticals. Inc. (collectively, "Sanofi") filed the IPR petition challenging the '487 patent claims owned by Immunex Corp. ("Immunex"). Id.

Background: Sanofi filed three IPRs, and the Board instituted two of them as IPR2017-01884 and IPR2017-01879. Id. at 5. In IPR2017-01884, the Board found all challenged claims unpatentable, but in the other instituted IPR (IPR2017-01879), the Board did not, for reasons of inventorship. Id. at 2. Immunex appealed the unpatentability decision, and Sanofi appealed the inventorship

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