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Although the Federal Circuit had previously held that the PTAB may enter adverse judgment when a patent owner disclaims all claims challenged in an
inter partes review (“IPR”) petition before an institution decision, in
Specifically, in
Pfizer, Petitioner Pfizer, Inc. (“Pfizer”) filed a petition for IPR of claims 6 and 9–15 of U.S. Patent No. 9,249,405 (“the ‘405 patent”).
Pfizer, Paper 52 at 1. In conjunction with its preliminary response to that petition, Patent Owner UniQure Biopharma B.V. (“UniQure”) filed a statutory disclaimer that disclaimed all interest in claims 6 and 9–13 of the ‘405 Patent.