PTAB Institutes Separate IPR Proceedings Filed by Codefendants, Finding that the Later IPR Proceeding Was Not Barred by 35 U.S.C. § 325(d), PTAB Litigation Blog
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On January 19, 2017, the PTAB instituted inter partes review of U.S. Patent No. 8,822,438 ("the ’438 patent") filed by Wockhardt Bio AG ("Wockhardt") (IPR2016-01582). The ’438 patent is owned by Janssen Oncology, Inc. ("Janssen") and is the subject of several ongoing inter partes reviews, one of which was filed by Amerigen Pharm., Inc. ("Amerigen") which was instituted on May 31, 2016 (IPR2016-00286). The ’438 patent is also being asserted in several district court proceedings against Amerigen, Wockhardt and other defendants.
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