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ARTICLE · 09 FEBRUARY 2015

Petitioners Denied Second Bite At IPR Petition

McDermott Will & Emery
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In the Biodelivery Sciences v. RB Pharmaceuticals, IPR, the petitioner challenged patents that relate generally to compositions and methods for treating drug addiction.

United StatesIntellectual Property
Ryan Vachon
Ryan Vachon
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Biodelivery Sciences Int'l, Inc. v. RB Pharms. Ltd.; Standard Innovation Corp. v. Lelo, Inc.

In two separate but similar written decisions involving challenged patents that were already the subject of instituted proceedings, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB or Board) denied institution of inter partes review (IPR) of two patents, finding that petitioners were merely attempting to recycle arguments from related IPR proceedings.  Biodelivery Sciences Int'l, Inc. v. RB Pharms. Ltd., Case No. IPR2014-00998 (PTAB, Dec. 19, 2014) (Yang, APJ); Standard Innovation Corp. v. Lelo, Inc., Case No. IPR2014-00907 (PTAB, Dec. 1, 2014) (Kauffman, APJ).

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