Federal Circuit halts PTAB review of Allergan patents owned by tribe

A U.S. appeals court on Wednesday instructed a U.S. patent tribunal to hold off on deciding the validity of patents covering Allergan PLC’s drug Restasis, saying it first wanted to consider the novel jurisdictional issues raised by Allergan assigning the patents to a Native American tribe.

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PTAB Not Required to Consider New Evidence or Arguments at Oral Argument – IPWatchdog.com | Patents & Patent Law

The Board is not compelled by Federal Circuit precedent or PTO guidelines to consider arguments and evidence presented for the first time during oral argument. However, if the Board does consider new arguments or evidence, the responding party must be given an opportunity to submit rebuttal arguments and evidence.

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Law Professor Notes PTAB’s Decision on Sovereign Immunity Goes Well Beyond the Constitution – IPWatchdog.com | Patents & Patent Law

In a 20-part Twitter post, Jacob S. Sherkow, an associate professor of law at New York Law School. Sherkow noted that the PTAB could have narrowly crafted its decision to focus on the licensing agreement between St. Regis and Allergan if it was going to decide that St.

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Patent owners can appeal PTAB rulings on timeliness, Federal…

By Jan WolfeA federal appeals court on Monday said patent owners canappeal determinations by the Patent Trial and Appeal Board thatinter partes review proceedings were commenced within thestatute of limitations.The U.S.

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