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

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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.

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