In an IPR, the Burden of Persuasion in an Obviousness Challenge Never Shifts to Patentee, PTAB Litigation Blog

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On March 3, 2017, in a final written decision in IPR2015-01838, the PTAB rejected an obviousness challenge brought by DuPont against a patent owned by Furanix Technologies B. V. directed to methods for preparing the known compound, 2,5-furan dicarboxylic acid (FDCA). In this IPR, the PTAB rejected the burden-shifting framework sought by petitioner.

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