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Shutting Out the PTAB Via Private Agreement

LexBlog IP

Earlier this week, the Federal Circuit was given another opportunity to explore this topic, and the potential policy consequences of such private agreements. In Nippon Shinyaku Co. Sarepta Therapeutics, Inc., Sarepta Therapeutics, Inc.,

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2021 Post-Grant Report

Fish & Richardson Trademark & Copyright Thoughts

and Nippon Shinyaku Co., Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. The most active petitioners in 2021 were Sarepta Therapeutics, Inc., Spectrum Solutions LLC, JSR Corporation, and Fresenius Kabi USA LLC. Regeneron Pharmaceuticals, Inc.,