Full Fed. Circ. Won't Eye PTAB Order Junking Suboxone IPRs

Law360 (January 14, 2020, 3:09 PM EST) -- The Federal Circuit has refused to revisit an earlier ruling that upheld a Patent Trial and Appeal Board decision not to review a patent on the opioid addiction treatment Suboxone, drawing a strong dissent from a circuit judge that called the board’s action “seriously flawed.”

The dissent penned by U.S. Circuit Judge Pauline Newman came as the full circuit court on Monday denied a rehearing petition by BioDelivery Sciences International Inc., which had argued that a split panel in August incorrectly dismissed its appeal of the PTAB’s decision to deny inter partes review of Aquestive Therapeutics’ patent.

The board’s ruling had...

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