In August 2023, key decisions were made on a number of patent cases that hold implications for legal professionals in the field of intellectual property, particularly those involved with pharmaceutical and therapeutic patents. One case of note is Incept LLC v. Palette Life Sciences, Inc., (Nos. 2021-2063, -2065 (Fed. Cir. (PTAB) Aug. 16, 2023)
The case revolved around Incept LLC, owner of two patents linked to improved methods for treating cancer by radiation. Palette Life Sciences, Inc. had filed Inter Partes Review (IPR) petitions with the assertion that the claims made are unpatentable as anticipated by, or obvious in view of the prior art – specifically referencing the “Wallace” patent. The Patent Trial and Appeal Board issued final written determinations on this matter.
This case holds particular significance. Lawyers and IP professionals should examine the precedent it sets, as well as the interpretation of the Inter Partes Review process, and how it factors in the assessment of prior art.
Moreover, the division of opinions on this case adds nuance to the legal framework and decision processes. This is highlighted by the differences of interpretation among Judges Schall and Taranto, who jointly offered a viewpoint, and Judge Newman, whose dissenting and concurring opinion presents a distinct perspective.
An understanding of these cases and their impact is vital for professionals advising large corporations and law firms engaged in protecting intellectual property rights, particularly in the biomedical space.