Mar 15, 2022Patent Trial & Appeal Board, Post-Grant Review , Patent Litigation
The Patent Trial and Appeal Board has denied institution of a post-grant review proceeding because the petitioner failed to show the challenged patent was eligible for PGR. The PTAB ruled that the petitioner’s evidence, including expert testimony, did not show that the claims in the challenged patent lacked enablement by the disclosures of two PCT applications from which the challenged patent claimed priority. Because the challenged patent claimed the benefit of the two PCT applications, and those applications were filed before March 16, 2013, it was not eligible for PGR.
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