The Federal Circuit Allows Petitioners to Submit New Evidence After the Start of an Inter Partes Review

By: Irah H. Donner
– Westlaw Journal Intellectual Property

In June the U.S. Court of Appeals for the Federal Circuit rejected Genzyme Therapeutics Products’ argument that the Patent Trial and Appeal Board’s (PTAB) decision to invalidate two patents for the treatment of a rare genetic muscle condition violated the Administrative Procedure Act.

Genzyme said the PTAB should not have relied on facts and arguments that were not set forth in the initial decision to institute two inter partes review proceedings.

The Federal Circuit, however, ruled that the submission of new evidence should be expected in IPR proceedings, provided that the opposing party is given notice and an opportunity to respond.

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