The U.S. Court of Appeals for the Federal Circuit has granted BioDelivery Sciences International, Inc.’s motion to remand to the Patent Trial and Appeal Board a consolidated appeal of the Board’s final decisions upholding the patentability of three Aquestive Therapeutics patents for water-soluble drug-dosage films incorporating anti-tacking agents. On remand, the Board was directed to consider in the first instance both non-instituted claims and non-instituted grounds raised by BioDelivery in its petitions seeking inter partes review of the patents in accordance with the Supreme Court’s recent decision in SAS Institute, Inc. v. Iancu, 138 S. Ct. 1348 (2018)(“SAS”) (BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc., July 31, 2018, per curiam).
Case date: 31 July 2018
Case number: No. 2017-1265
Court: United States Court of Appeals, Federal Circuit
A full summary of this case has been published on Kluwer IP Law.