On Monday September 26, the Federal Circuit en banc denied review of a petition for rehearing in an earlier panel decision allowing the introduction of new invalidity evidence after institution decision.

The panel had earlier stated "The introduction of new evidence in the course of the trial is to be expected in inter partes review trial proceedings and, as long as the opposing party is given notice of the evidence and an opportunity to respond to it, the introduction of such evidence is perfectly permissible."

Genzyme Therapeutic Products LP v. BioMarin Pharmaceutical Inc., case number 15-1720.