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Supreme Court on Patent Law: November 2023

Patently O

Vidal (No 23-135): This case challenges the “ Fintiv rule” that restricts the initiation of inter partes review in cases where parallel district court litigation is pending. 23-315): This case questions the Federal Circuit’s interpretation of time limits for joining IPR partes. Traxcell Techs.

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Obviousness and Pharmaceutical Method of Treatment Claims

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In the ensuing Hatch-Waxman litigation, Teva stipulated to infringement but challenged the patent on obviousness and indefiniteness grounds. In its analysis here, the Federal Circuit focused on claim construction, and particularly the singular “a” patient requirement in the claims.