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Freedom to Operate Inc. v. COMPASS PATHFINDER LIMITED

Docket PGR2022-00018, Patent Trial and Appeal Board (Dec. 22, 2021)
Christopher Paulraj, Sheridan Snedden, Tina Hulse, presiding
Case TypePost Grant Review
Patent10954259
Patent Owner COMPASS PATHFINDER LIMITED
Petitioner Freedom to Operate Inc.
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Freedom To Operate, Inc. v. COMPASS Pathfinder Limited

Docket PGR2022-00012, Patent Trial and Appeal Board (Dec. 15, 2021)
Christopher Paulraj, Sheridan Snedden, Tina Hulse, presiding
Case TypePost Grant Review
Patent10947257
Patent Owner COMPASS Pathfinder Limited
Petitioner Freedom To Operate, Inc.
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Aradigm Corporation v. Insmed, Inc.

Docket PGR2017-00021, Patent Trial and Appeal Board (May 1, 2017)
Grace Karaffa Obermann, Michelle Ankenbrand, Rama Elluru, presiding
Case TypePost Grant Review
Patent9402845
Patent Owner Insmed, Inc.
Petitioner Aradigm Corporation
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23 RehearingDecision on Request for Rehearing : RehearingDecision on Request for Rehearing

Document PGR2022-00012, No. 23 RehearingDecision on Request for Rehearing - RehearingDecision on Request for Rehearing (P.T.A.B. May. 23, 2023)
In PGR2022-00012 (“-012PGR”), Freedom to Operate, Inc. (“Petitioner”) filed a Request for Rehearing (-012PGR, Paper 19, “Reh’g Req.”) of our Decision Denying Institution of Post-Grant Review, holding that Petitioner had failed to establish that it was more likely than not that any of the claims of U.S. Patent No. 10,947,257 B2 (-012PGR, Ex. 1001, “the ’257 patent”) are unpatentable.
An abuse of discretion may arise if a decision is based on an erroneous interpretation of law, if a factual finding is not supported by substantial evidence, or if an unreasonable judgment is made in weighing relevant factors.
As we noted in our Decision, the ’257 patent expressly defines “crystalline psilocybin in the form Polymorph A” as “characterized by” the recited peaks in the XRPD diffractogram not only in the claims, but also in the Specification and the prosecution history.
Thus, regardless of the alleged conventional definition of a “polymorph” or “form,” as asserted by Petitioner, the inventors are entitled to act as their own lexicographers to define the phrase “crystalline psilocybin in the form Polymorph A” according to the recited peaks in the XRPD diffractogram.
Moreover, during prosecution, the Examiner rejected original claim 1 as indefinite because it “refer[s] to crystalline psilocybin in the form Polymorph A without any identifying characteristics (i.e. x-ray diffraction pattern data).” Ex. 1060, 7.
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21 RehearingDecision on Request for Rehearing : RehearingDecision on Request for Rehearing

Document PGR2022-00018, No. 21 RehearingDecision on Request for Rehearing - RehearingDecision on Request for Rehearing (P.T.A.B. May. 23, 2023)
In PGR2022-00012 (“-012PGR”), Freedom to Operate, Inc. (“Petitioner”) filed a Request for Rehearing (-012PGR, Paper 19, “Reh’g Req.”) of our Decision Denying Institution of Post-Grant Review, holding that Petitioner had failed to establish that it was more likely than not that any of the claims of U.S. Patent No. 10,947,257 B2 (-012PGR, Ex. 1001, “the ’257 patent”) are unpatentable.
An abuse of discretion may arise if a decision is based on an erroneous interpretation of law, if a factual finding is not supported by substantial evidence, or if an unreasonable judgment is made in weighing relevant factors.
As we noted in our Decision, the ’257 patent expressly defines “crystalline psilocybin in the form Polymorph A” as “characterized by” the recited peaks in the XRPD diffractogram not only in the claims, but also in the Specification and the prosecution history.
Thus, regardless of the alleged conventional definition of a “polymorph” or “form,” as asserted by Petitioner, the inventors are entitled to act as their own lexicographers to define the phrase “crystalline psilocybin in the form Polymorph A” according to the recited peaks in the XRPD diffractogram.
Moreover, during prosecution, the Examiner rejected original claim 1 as indefinite because it “refer[s] to crystalline psilocybin in the form Polymorph A without any identifying characteristics (i.e. x-ray diffraction pattern data).” Ex. 1060, 7.
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21 Order Other: Order Denying POP Request

Document PGR2022-00012, No. 21 Order Other - Order Denying POP Request (P.T.A.B. Feb. 10, 2023)

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19 Order Other: Order Denying POP Request

Document PGR2022-00018, No. 19 Order Other - Order Denying POP Request (P.T.A.B. Feb. 10, 2023)

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20 Notice notice of receipt of POP request: Notice notice of receipt of POP request

Document PGR2022-00012, No. 20 Notice notice of receipt of POP request - Notice notice of receipt of POP request (P.T.A.B. Aug. 16, 2022)

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