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PTAB Declines To Enter Adverse Judgment Against Pre-Institution Disclaimed Claims, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

Although the Federal Circuit had previously held that the PTAB may enter adverse judgment when a patent owner disclaims all claims challenged in an inter partes review (“IPR”) petition before an institution decision, in Pfizer, Inc. v. UniQure Biopharma B.V., IPR2020-00388, Paper 52 (Mar. 25, 2021), the PTAB declined to enter adverse judgment against challenged claims that the patent owner had disclaimed before the PTAB instituted review.

Read the full article at ptablitigationblog.com.

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