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ARTICLE · 27 APRIL 2018

Who Is "Another" Depends On Who Else Is Named

McDermott Will & Emery
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The Patent Trial and Appeal Board (PTAB) denied a patent owner's request for rehearing of the PTAB's decision to institute inter partes review (IPR) when there was ambiguity in one of the inventors' declarations ...

United StatesIntellectual Property
Kalpesh V. Upadhye
Kalpesh V. Upadhye
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The Patent Trial and Appeal Board (PTAB) denied a patent owner's request for rehearing of the PTAB's decision to institute inter partes review (IPR) when there was ambiguity in one of the inventors' declarations about whether and to what extent non-author inventors contributed to the relevant portion of an asserted reference. Watson Laboratories, Inc. v. United Therapeutics, Corp., Case No. IPR2017-01621 (PTAB, Mar. 26, 2018) (Paper 33) (Cotta, APJ).

Watson Laboratories filed a petition for request IPR challenging certain claims of a patent owned by United Therapeutics (UTC). Following UTC's preliminary response, the PTAB entered a decision granting institution. UTC filed a request for rehearing seeking reconsideration of the institution decision. 

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