More than 4,100 petitions for inter partes review (IPR) have been filed since IPR became available as a new procedure for challenging patent validity. Only a small percentage of those petitions, however, have been filed on biological/pharmaceutical patents and those at issue in ANDA, or Hatch-Waxman, litigation. Although challenging patents using the IPR process has been a highly effective strategy in general, the success rate for those challenging pharmaceutical and life sciences patents has fallen well short of the average.
This seminar will highlight several concrete strategies for IPR petitions in pharmaceutical and biotechnology cases. With the increasing number of orders and final decisions issuing from the Patent Trials and Appeal Board (PTAB), there is much for patent prosecutors and litigators alike to learn.
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