Fed. Circ. Wary Of Ruling On AIA Patent Challenge Meaning

Law360 (March 14, 2019, 9:28 PM EDT) -- A Federal Circuit panel Thursday seemed reluctant to rule on a novel argument by a Johnson & Johnson unit, which claims the America Invents Act bars patent challengers who convince the U.S. Patent Office's administrative court to invalidate a patent from repeating those successful arguments in parallel litigation before a federal district court.

The AIA clearly prohibits PTAB patent challengers from repeating losing lines of reasoning to a district court, but J&J's Janssen Biotech Inc., which argues that its prostate cancer drug was wrongly invalidated, told the Federal Circuit on Thursday that challengers are also barred from reiterating winning arguments in...

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