In Immunex v. Sandoz, the Federal Circuit explained that where a patent license transfers the right to control prosecution, the ”all substantial rights” test can be informative in determining the “effective” patent owner for the purpose of evaluating common ownership...
On July 13th, the US Patent Trial and Appeal Board designated two cases regarding use of the Fintiv factors as Informative. The Fintiv factors are a nonexclusive list of factors the Board considers in determining whether to institute an inter partes review...
