In Mylan Pharmaceuticals Inc. v. Research Corporation Technologies, Inc., Nos. 17-2088, 17-2089, 17-2091 (Fed. Cir. Feb. 1, 2019), the CAFC held that appellants, who had joined the IPR proceeding below under 35 U.S.C. § 315, had standing to appeal but affirmed that Reissued Patent 38,551 was not invalid for obviousness. The court also denied appellants' alternative request that the case be remanded to the PTAB in light of the Supreme Court's decision in SAS Institute, Inc. v. Iancu, finding that appellants had waived this request by raising it for the first time in their rebuttal during oral argument. The RE'551 patent is directed to compounds useful in the treatment of epilepsy, including (R)-N-benzyl-2-acetamide-3-methoxypropionamide, marketed as Vimpat®. Further discussion of the decision can be found on Finnegan's Prosecution First Blog.
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