The Cabilly '415 patent is well known in the bio/pharma
space as relating to the artificial synthesis of antibody
molecules. The Cabilly '415 patent's notoriety was aided by
a previous interference, a merged ex parte reexamination
proceeding, and several Federal District Court Litigations.
Nevertheless, Petitioners Sanofi-Aventis and Regeneron
Pharmaceuticals petitioned for inter partes review
(IPR2015-01624), as
previously reported on this blog.
On February 5, the PTAB instituted trial on nearly all
challenged claims. Significantly, Patent Owner attempted to rely on
the prior office proceedings by requesting that the PTAB "deny
institution because the Petition presents the same arguments that
were raised and fully addressed in prior Office proceedings
involving the Cabilly '415 patent." IPR2015-01624,
Preliminary Patent Owner Response at 58. In response, the PTAB
specifically noted that "[d]enial of institution under §
325(d) is discretionary," and that "the
