Jillian Parker

Jillian Parker assists the firm in patent prosecution in areas related to organic chemistry and chemical biology. Jillian has extensive experience in the areas of biochemistry, structural biology, biophysics, and protein chemistry.

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One Missing Link Can Break an Obviousness Argument

Posted by Jillian Parker on Jan 15, 2018

Jillian Parker

IPRs are often filed to challenge important patents – the same patents likely to be tested in litigation. In such circumstances, parties should pay careful attention when asserting arguments in the IPR that were addressed in the litigation. Several generic drug makers faced this circumstance in relation to obviousness arguments made in a series of IPRs against Eli Lilly & Co. (IPR2016-00318, IPR2016-00237 and IPR2016-00240), in which similar arguments made in a co-pending appeal before the Federal Circuit were found to be lacking. While the PTAB is not required to agree with courts on all issues, particularly in view of the fact that the standards of review between the two venues are different, these IPRs illustrate that petitioners and patent owners would be wise to carefully address what courts have said about the arguments at issue.

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Topics: BioPharma, Obviousness

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