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Glaxo Concedes Federal Circuit Can’t Hear Patent Review Appeal

Dec. 2, 2020, 8:00 PM

GlaxoSmithKline LLC’s appeal asking the Federal Circuit to curb the patent office’s use of a rule that makes it harder to invalidate patents was thrown out after the company conceded the court lacks jurisdiction.

GSK argued Patent Trial and Appeal Board precedent on instituting a review trial on claims that have been challenged in another petition oversteps both patent law and the Administrative Procedure Act. The U.S. Court of Appeals for the Federal Circuit dismissed similar appeals by Alphabet Inc.‘s Google, Cisco Systems Inc., and Apple Inc. in October, rejecting the companies’ arguments that these cases raise extraordinary...

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