There is an important case (Couzzo Speed Technologies V. Lee) scheduled for Monday April 25th, regarding a prior Inter Partes Review IPR, and a subsequent challenge to that outcome, which will be heard in the Supreme Court. The patent in question has nothing to do with drugs, but an important precedent may be set with the case result. The questions to be addressed:
1. May the patent trial and appeal board apply the broadest reasonable interpretation of patent claims during an inter partes review hearing?
2. Is the patent trial and appeal use of inter partes review judicially reviewable?
Companies such as Auspex, and Concert Pharmaceuticals, both which have a broad pipeline of deuterated patented drugs, may benefit from the inter partes review process, as a way to resolve potential patent issues should one occur. An IPR, is intended to be quicker, more efficient, and less expensive for post-grant patent challenges. Thank you for reading.
1. May the patent trial and appeal board apply the broadest reasonable interpretation of patent claims during an inter partes review hearing?
2. Is the patent trial and appeal use of inter partes review judicially reviewable?
Companies such as Auspex, and Concert Pharmaceuticals, both which have a broad pipeline of deuterated patented drugs, may benefit from the inter partes review process, as a way to resolve potential patent issues should one occur. An IPR, is intended to be quicker, more efficient, and less expensive for post-grant patent challenges. Thank you for reading.
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