IPR Battles Could Become Easier For BioPharma Patent Owners

En banc Federal Circuit says patent owners do not have to prove patentability of amended claims in inter partes review proceedings; judges issue five opinions in fractured decision.

Court of Appeals for Federal Circuit Lafayette Park Across from White House Washington DC
The fate of many government policies is decided not at the White House, but across Lafayette Park at the US Court of Appeals for Federal Circuit.

Bipharma patent owners gained some ground in their battle against the inter partes review (IPR) process as the US Court of Appeals for the Federal Circuit issued an en banc ruling that patent owners do not have the burden of proving the patentability of amended claims in these proceedings.

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