Patentee’s Own Clinical Trial Renders Unpatentable Patent Claims Directed to Antibody Treatment

October 9, 2023Patent Trial & Appeal Board, Patent Litigation, Prior Art, Unpatentability

In a final written decision of an inter partes review proceeding, the Patent Trial and Appeal Board found all 12 claims of a challenged patent unpatentable as either anticipated or obvious. Each ground of unpatentability relied, in whole or in part, on Patent Owner’s own prior art, including clinical trials published at ClinicalTrials.gov.

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