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Interference Appeals Not Just For Fed. Circ., Justices Told

Law360, New York (November 16, 2015, 6:44 PM EST) -- Biogen MA Inc. has asked the U.S. Supreme Court to review a Federal Circuit decision giving the appeals court exclusive jurisdiction over appeals of patent interference decisions and barring district courts from hearing them, saying the ruling relies on a "fundamental misreading" of the America Invents Act.

Biogen, which lost an interference proceeding over a multiple sclerosis treatment to the Japanese Foundation for Cancer Research, said in a cert petition filed Nov. 9 that the Federal Circuit's May ruling upholding the Patent Trial and Appeal Board's decision flouted over a century of Supreme Court precedent.

Since 1836, appeals of interference proceedings,...

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