Panel Upholds Board, Continues To Disagree On Impact Of Arthrex

Mealey's (November 20, 2019, 1:14 PM EST) -- WASHINGTON, D.C. — A panel majority of the Federal Circuit U.S. Court of Appeals on Nov. 19 affirmed that two patents relating to manmade insulin are obvious, but a dissenting judge argued not only that the formulations are patentable but also that the patent owner is entitled to new inter partes review (IPR) proceedings in view of a recent ruling declaring the existing structure of the Patent Trial and Appeal Board unconstitutional (Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc., Nos. 2019-1368, -1369, Fed. Cir., 2019 U.S. App. LEXIS 34328)....