Patent Protection: Should Third Parties Be Able To Request PTO Director Review Of PTAB Decisions?
Agency asks stakeholders to weigh in on the process for director review of decisions by the Patent Trial and Appeal Board. PTO questions whether review should be limited to final written decisions and if the precedential opinion process should remain in effect.
You may also be interested in...
Parallel district court litigation would no longer be factor in deciding whether to institute PTAB review of patents under Senate bill. BIO favors PTO discretion, would like claim amendments to be addressed.
High court finds PTAB judges were unconstitutionally appointed; ruling is unlikely to benefit one party over another in inter partes review proceedings, attorneys say, but that could depend on the director. PTO is expected to provide guidance on how and when to request review of Patent Trial and Appeal Board decisions.
After agency tightened bioequivalence testing recommendations for tacrolimus products post approval, studies found Accord’s generic version of Prograf may deliver higher concentrations, leading agency to downgrade its therapeutic equivalence rating. No problems were found with five other tacrolimus ANDAs.