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Supreme Court Refuses Inter Partes Review

Akorn’s Win On Difluprednate Patent Will Not Be Reopened

 
• By Aidan Fry

Standards of evidence for obviousness used in US inter partes patent reviews will not be reviewed by the US Supreme Court. Nor will the court consider whether the Federal Circuit can confirm inter partes decisions without issuing an opinion.

Supreme_Court
The US Supreme Court has decided not to review inter partes obviousness standards • Source: Shutterstock

The US Supreme Court has refused to review standards for determining obviousness via inter partes patent reviews, as well as procedures for affirming such determinations on appeal. Originators Senju Pharmaceutical and Mitsubishi Chemical had sought clarification in their dispute with Akorn over Durezol difluprednate eye drops.

In a petition for certiorari, Senju and Mitsubishi had asked the Supreme Court to decide if the Patent Trial and Appeal Board within the US Patent and Trademark Office must, in assessing patent validity, “consider

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