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Paul, Weiss Achieves IPR Win For Major Biotechnology Company

Paul, Weiss represented a major biotechnology company in a significant inter partes review (IPR) win at the Patent Trial and Appeal Board (PTAB) that was recently posted in unsealed form by the Board. The proceeding sought to invalidate a patent directed to treating patients with rheumatoid arthritis. Paul, Weiss had previously been successful in blocking institution of trial on two other attacks on the same patent brought at the PTAB by a different challenger. This most recent inter partes review petition, brought by a major pharmaceutical company, was one of the latest in a series of seven petitions by competitors to invalidate this patent, and was the first to reach the trial stage before the Board. The company challenging the patent here was dismissed from the proceeding as a result of settlement shortly before the time for a final written decision, but the PTAB determined it would nonetheless proceed to issue a final decision on the merits. Its April 2019 decision—unsealed in a May 15 order from the Board and recently posted in unsealed form—was a win for Paul, Weiss’s client, finding that the challenger had failed to show any of the challenged claims to be unpatentable. The case is IPR2017-01923.

The Paul, Weiss team included litigation partner Steve Baughman and counsel Megan Raymond.

October 15, 2019

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