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Petitioners will continue to be able to launch litigation simultaneously before both the district court and the Patent Trial and Appeal Board (PTAB), effectively having two bites at the apple, according to John Kirkland, director of IP at biopharmaceutical company Alkermes.
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PTAB, Alkermes, life sciences, Andrei Iancu, USPTO, US District Court for the District of Delaware, inter partes, drug patents, biologics, petitions