9358286

The U.S. District Court for the District of Delaware granted defendant Xencor's motion to dismiss an infringement suit, holding that the accused use of Merus N.V.'s patented antibody technology was protected by the Hatch-Waxman safe harbor.

This IPR was instituted by the PTAB, following a referral from the Acting Director of the USPTO who noted a material error by the examiner during prosecution of the patent.