Mylan Urges Justices to Eye PTAB Rule That Has Caused ‘Chaos’

The Federal Circuit has repeatedly misconstrued its jurisdiction in declining to allow appeals of a much-debated U.S. Patent and Trademark Office rule that makes it harder to initiate patent challenges, Mylan Laboratories Ltd. told the U.S. Supreme Court in a petition seeking review.

The U.S. Court of Appeals for the Federal Circuit rejected Mylan’s appeal of a Patent Trial and Appeal Board decision not to open a review of Janssen Pharmaceutica N.V.‘s patent on a schizophrenia drug because of a looming district court trial in a case against another would-be generic maker, Teva Pharmaceuticals USA Inc.

The Federal Circuit ...