• PTAB Holds Claims Invalid That Were Held To Be Not Invalid In Litigation Appeal
  • December 2, 2015 | Author: Robert H. Resis
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • The Patent Trial and Appeal Board recently held claims in two separate patents to be invalid that were previously held to be not invalid in a litigation appeal. In separate inter partes review proceedings, the PTAB held that the district court decision, affirmed by the Federal Circuit, upholding the validity of the claims did not control because the petitioner in the IPR presented additional prior art and declaratory evidence that was not before the court in the litigation. The IPR cases involved U.S. 6,316,023 and 6,335,031, which describe pharmaceutical compositions useful for treatment of Alzheimer’s disease.