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Federal Circuit Patent Watch: PTAB may make implicit finding of reasonable expectation of success if arguments are intertwined with motivation to combine

October 5, 2023

Precedential and Key Federal Circuit Opinions – BAXALTA INCOPORPORATED v. GENENTECH, INC. [OPINION] (2022-1461, 9/20/2023) (Moore, Clevenger, and Chen) – Moore, C.J. The Court affirmed a district court’s grant of summary judgment that claims were invalid for lack of enablement. Claim 1 of the asserted patent “cover[ed] all antibodies that (1) bind to Factor IX/IXa; and (2) increase the procoagulant activity of Factor IXa.”…
By: WilmerHale

Federal Circuit Patent Watch: PTAB may make implicit finding of reasonable expectation of success if arguments are intertwined with motivation to combine

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