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US Patent Trial and Appeal Board didn't violate APA in review of Remodulin patent, Federal Circuit rules

By Melissa Ritti ( June 27, 2024, 18:46 GMT | Insight) -- While stopping short of agreeing with the US Patent and Trademark Office and Liquidia Technologies that an affirmation of truthfulness is waivable by the Patent Trial and Appeal Board, a federal appeals court today found “no harmful error” in the PTAB’s reliance on an expert declaration that was missing its affirmation. The board would go on to cancel seven claims of a method of treating pulmonary arterial hypertension patented by appellant United Therapeutics, which the US Court of Appeals for the Federal Circuit affirmed.An affirmation of truthfulness must accompany an expert declaration in an inter partes review by the Patent Trial and Appeal Board, a US federal appeals court ruled today without deciding whether that affirmation is required by statute or regulation....

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