Fed. Circ. Unsure If PTAB Has To Explain Axing Avastin Patent

Law360, Washington (July 11, 2019, 10:36 PM EDT) -- The Federal Circuit appeared skeptical Thursday that drugmaker Genentech deserves a beefier explanation from the Patent Trial and Appeal Board about why it axed a patent covering the company's blockbuster cancer drug Avastin.

Genentech Inc. attorney Thomas S. Fletcher said during a brief hearing that the board is required to explain why it rejected the company's proposed definition of a key term in one of the claims Hospira Inc. successfully challenged. Fletcher called the board's own definition, which he said wasn't introduced until it issued its final written decision, too vague.

U.S. Chief Circuit Judge Sharon Prost cut right to the...

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Case Information

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Appellate - Federal Circuit

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May 11, 2018

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