Pfizer's PTAB Appeal 'At War With Itself,' Fed. Circ. Told

Law360 (October 24, 2019, 9:07 PM EDT) -- Pfizer's bid to overturn a pair of Patent Trial and Appeal Board rulings refusing to invalidate purifying antibodies patents owned by a Hoffmann-La Roche Ltd. unit is "at war with itself and the record," the subsidiary told the Federal Circuit on Thursday.

Chugai Pharmaceutical Co. Ltd. accused Pfizer Inc. of ignoring conclusions reached by the PTAB and continually altering its arguments around a key term, "molarity," as it had done at the board.

"This appeal presents a clear-cut case for affirmance given the board's weighing of the evidence and adoption of a construction for 'molarity' that is supported by both the claim language...

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