In inter partes review proceedings, the Patent Trial and Appeal Board has historically been reticent to consider arguments raised for the first time in a petitioner's reply.
Parties in inter partes review proceedings often dispute whether a reply to a patent owner response is truly responsive or instead an attempt to introduce new arguments that are not.
The Federal Circuit reviewed the latest decision from the Patent Trial and Appeal Board (PTAB) in an inter partes review that claims 3-6 and 10 of U.S. Patent No. 6,548,019 are obvious,.
In Teva Pharmaceuticals USA, Inc. v. Corcept Therapeutics, Inc., the Federal Circuit affirmed the obviousness analysis performed by the Patent Trial and Appeal Board ("PTAB"),.