PTAB Rejects Double-Dose of Prior Art, PTAB Litigation Blog
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In Sandoz Inc. v. Acerta Pharma B.V. (IPR2023-00478), a Patent Trial and Appeal Board (“PTAB”) panel denied IPR institution where the asserted prior art was cumulative of that considered during prosecution. This denial included prior art that was not cited during prosecution, but otherwise disclosed the same limitations that the Examiner previously found in different references.
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