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Divergent Claim Construction Results in Discretionary Denial
In a recent decision, Acting Director Coke Morgan Stewart granted Patent Owner’s request for discretionary denial in Sun Pharmaceuticals Industries Inc. v. Nivagen Pharmaceuticals, Inc., IPR2025-00893. While some factors weighed against denial, the Acting Director emphasized Patent Owner’s different claim construction positions in the current proceeding and the parallel district court case as favoring denial….
By: Jones Day