AbbVie, Genentech Raise New Constitutional Challenge To Inter Partes Review

Firms contend that IPR should not apply to patents filed before America Invents Act was enacted, objecting to IPR decisions invalidating Humira, Avastin and Herceptin patents.

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While the US Supreme Court ruled that the inter partes review (IPR) process is constitutional, AbbVie Inc. and Genentech Inc. contend that it left the door open to challenge the retroactive application of the proceeding. They are now trying to walk through that door.

Challenging decisions by the US Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) that invalidated their patents, they...

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