Fed. Circ. Backs PTAB's Gutting Of Duke Muscle Treatment IP

Law360 (October 11, 2019, 9:30 PM EDT) -- The Federal Circuit on Friday upheld the Patent Trial and Appeal Board's decision on remand striking down one claim of a Duke University patent for treating a muscle disease, closing the book on a challenge brought by BioMarin Pharmaceutical Inc. that dates back to 2013.

In a nonprecedential one-line order, a three-judge panel affirmed the PTAB's decision that a claim in Duke's U.S. Patent No. 7,056,712 was invalid as obvious, marking the second time the board reached that conclusion.

The PTAB had been asked to revisit the case after the Federal Circuit in April 2017 affirmed the board's earlier findings that...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS