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IPR Institution Is Not Permanent, and Is Nonappealable

Biodelivery Sciences Int'l, Inc. v. Aquestive Therapeutics, Appeal Nos. 2019-1643, -1644, -1645 (Fed. Cir. August 29, 2019)

Author: John P. Isacson

8/29/2019

Read the full post at Post-Grant Counsel

IPR Institution Is Not Permanent, and Is Nonappealable

On motion, the Federal Circuit dismissed the second appeals in three IPRs pertaining to oral films used for the delivery of active components.  The PTAB initially instituted the three IPRs, but not on all the grounds contained in the petitions. In total, there were seventeen grounds in the petitions, and the PTAB instituted on only three.

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