Many things in life are better done with someone else: board games, dinner parties, road trips, riding tandem bicycles. However, according to the PTAB, there’s one particular area where it’s best to fly solo: two people should not provide one declaration in an IPR. In CSL Behring GMBH v. Shire Viropharma Inc. (IPR2017-01512), the PTAB denied institution in large part because the petitioner submitted a joint declaration to support that one of its references was a printed publication.
Topics: Printed Publications
On June 16, the Federal Circuit for the first time vacated a portion of a PTAB decision resulting from an IPR proceeding. The Federal Circuit found that the PTAB gave an “unreasonably broad construction” to different phrases in the claims and remanded. Microsoft Corp. v. Proxyconn, Inc., 2014-1542, -1543 (Fed. Cir. June 16, 2015).