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PTAB Grants Rare Rehearing Due To Insufficient Evidence Of Obviousness, PTAB Litigation Blog

September 2017

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In Coalition For Affordable Drugs VI, LLC v. Celgene Corp. (2015-01096, -01102, -01103),[1] the PTAB granted Patent Owner Celgene’s request for rehearing of a final written decision that had found the challenged claims invalid for obviousness. Such an outcome is exceedingly rare, as the PTAB has granted less than 10 percent of all requests for rehearing in post-grant proceedings, and an even lower percentage when a final written decision is challenged.

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