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Federal Circuit: No Jurisdiction to Review Decision to Deny Inter Partes Review
Mylan Labs. Ltd. v. Janssen Pharmaceutica, N.V., No. 2021-1071, 2021 U.S. App. LEXIS 7311 (Fed. Cir. 2021)
On March 12, the Federal Circuit granted Janssen Pharmaceutica's motion to dismiss Mylan Laboratories' appeal and denied Mylan's request for mandamus relief. The court held that it lacked jurisdiction to hear Mylan's appeal, and while the court had jurisdiction over Mylan's mandamus petition, Mylan had not demonstrated that it was entitled to mandamus relief.
Janssen filed a complaint against Mylan in district court for infringing U.S. Patent No. 9,439,906 related to methods of treating patients for schizophrenia. Less than six months later, Mylan petitioned the Patent Trial and Appeal Board (PTAB or Board) for inter partes review (IPR), raising four grounds for the unpatentability based on obviousness under 35 U.S.C. §103. In opposing the institution of the IPR, Janssen argued that the IPR "would be an inefficient use of Board resources," due to two co-pending district court cases against Mylan and another defendant because "both actions would likely reach final judgment before any IPR final written decision." The PTAB agreed with Janssen and denied institution, applying its "the six-factor standard" for evaluating whether to exercise discretion to deny instituting a petition because of parallel proceedings.
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