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ARTICLE · 29 FEBRUARY 2024

When Might A PTAB Rehearing Be Granted?

Jones Day
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Recently, the Patent Trial and Appeals Board ("PTAB") granted a request for rehearing of a decision that denied an institution of inter partes review and then instituted...

United StatesIntellectual Property
Sabrina A. Bellantoni
Sabrina A. Bellantoni
Matthew Johnson
Matthew Johnson
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Recently, the Patent Trial and Appeals Board ("PTAB") granted a request for rehearing of a decision that denied an institution of inter partes review and then instituted a trial on all the challenged claims on all the grounds raised by the Petitioner regarding a patent for a cladribine regimen for treating multiple sclerosis. TWi Pharmaceuticals, Inc. v. Merck Serono SA, IPR2023-00049, Paper 15 (December 20, 2023).

Twi Pharmaceuticals (the Petitioner) brought a request for a rehearing of the institution decision denying inter partes review challenging the claims 36, 38, 39, and 41-48 of Merk Serono's (the Patent Owner) U.S. Patent No. 7,713,947 B2 ("the '947 patent"). The basis for the institution was anticipation under 35 U.S.C. § 102(e) by US 7,888,328 B2, issued Feb. 15, 2011 ("Bodor") and obviousness under 35 U.S.C. § 103(a) by Bodor and Rice et al., Cladribine and progressive MS: Clinical and MRI outcomes of a multicenter controlled trial, NEUROLOGY,

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