May 23, 2022

Volume XII, Number 143

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May 20, 2022

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Federal Circuit Allows New Evidence After Institution

On Monday September 26, the Federal Circuit en banc denied review of a petition for rehearing in an earlier panel decision allowing the introduction of new invalidity evidence after institution decision.

The panel had earlier stated "The introduction of new evidence in the course of the trial is to be expected in inter partes review trial proceedings and, as long as the opposing party is given notice of the evidence and an opportunity to respond to it, the introduction of such evidence is perfectly permissible."

Genzyme Therapeutic Products LP v. BioMarin Pharmaceutical Inc., case number 15-1720.

© Copyright 2022 Armstrong Teasdale LLP. All rights reserved National Law Review, Volume VI, Number 271
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About this Author

Jennifer E. Hoekel, Intellectual Property Attorney, Armstrong Teasdale law firm
Partner

A member of the firm’s Intellectual Property Litigation practice group and a registered U.S. patent attorney, Jennifer Hoekel focuses on patent litigation.

Finding her general litigation background to be an asset in this practice area, she has litigated patents, trademarks, copyrights, trade secrets, unfair competition and license acquisition matters, in state, federal and appellate courts throughout the U.S. Her cases involve mechanical, electrical, chemical and business method patents in such varied subject matter as cholesterol inhibiting substances, highway roadside safety...

314-342-4162
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