USPTO Says Successful PTAB Cases Can't Be Cloned In Court
By Ryan Davis (February 4, 2019, 10:15 PM EST) -- The America Invents Acts prohibits parties that succeed in getting patents invalidated in inter partes review from repeating their winning arguments in district court, the U.S. Patent and Trademark Office told the Federal Circuit on Friday, while admitting such a rule is "counterintuitive."
In an amicus brief filed at the appeals court's request on what appears to be an issue of first impression, the patent office backed a position taken by Johnson & Johnson unit Janssen Biotech Inc. in a case where the Patent Trial and Appeal Board invalidated a patent on the blockbuster cancer drug Zytiga that was challenged by generics...
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