Sometimes substantive patent issues are never dealt with in cases, but rather dispositive issues are handled by procedural mechanisms. One case in point is Momenta Pharms., Inc. v. Bristol-Myers Squibb Co.,[1] which the Court of Appeals for the Federal Circuit decided on February 7, 2019. BMS owns U.S. Patent No. 8,476,239 (‘239), entitled “Stable protein …
Category: appeals
PTAB Releases Revision to Operating Procedures for Cases Remanded from Federal Circuit
On November 16, 2017, the Patent Trial and Appeal Board (PTAB) revised its Standard Operating Procedures 9 (SOP9) involving cases remanded for further review from the Federal Circuit. These standard operating procedures are administrative rules governing cases as they wind their way through the appeal or trial processes before the Board, and are designed to …