Joseph Bowler

Joseph Bowler assists the firm in biotechnology patent prosecution. He has extensive knowledge in the areas of biochemistry, molecular and cellular biology, and medicinal chemistry.

Recent Posts

In IPRs, Section 112 Can Play a Critical Role—Even Late in the Game

Posted by Joseph Bowler on May 1, 2017

Joseph Bowler

As we’ve written before, notwithstanding statutory limits restricting IPR challenges to novelty and obviousness, Section 112 challenges are possible in an IPR. In several proceedings, petitioners have asserted references that have required the Board to determine whether an earlier filing supports the challenged patent’s claims. The Board generally has addressed these issues at the institution stage. However, a recent decision involving Kyle Bass and his Coalition for Affordable Drugs demonstrates the Section 112 analysis may not be fully resolved until the trial stage, where it can play a determinative role.

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Topics: Kyle Bass, Biotech

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.