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« ACI Summit for Women Leaders in IP Law | Main | Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2024) »

April 07, 2024

Comments

This reads like an attempt to avoid an easy IPR on a 102 reference with an attempted fast preliminary injunction. [Even though preliminary injunctions are rarely obtained and even more rarely sustained on appeal in patent infringement suits.] However, more likely, just another patent suit filed without doing any prior art search.

Dear Paul:

So far as I can tell the art cited by defendants was not cited in prosecution of the '935 patent and there is no record of their having been any IPR proceedings.

While not a Rule 11 violation it is certainly imprudent to file a PI motion when there is 102 prior art available.

Thanks for the comment

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