Fitzpatrick Research Reveals Certain Drug Patents Survive IPR Proceedings At A Higher Rate than Patents for Other Technologies

June 12, 2017

Contact:

Linda Ficano
Fitzpatrick, Cella, Harper & Scinto
(212) 218-2284
lficano@fchs.com

Fitzpatrick Research Reveals Certain Drug Patents Survive IPR Proceedings At A Higher Rate than Patents for Other Technologies

New York, NYJune 12, 2017—Fitzpatrick, Cella, Harper & Scinto, one of the world’s leading intellectual property law firms, today released original research revealing that certain pharmaceutical patents survive challenges at the U.S.P.T.O.’s Patent Trial and Appeal Board (“PTAB”) at a significantly higher rate than patents across all technologies. The findings are included in a report, “Drug Patents May Fare Better Than Other Technologies in IPR Proceedings,” being released today in conjunction with Fitzpatrick’s launch of an online interactive database featuring significant and valuable information on patent proceedings relating to biologic drugs.

The complete report can be accessed here. Fitzpatrick’s new website, BiologicsHQ, can be accessed at: www.biologicshq.com.

For pharmaceutical companies, Fitzpatrick’s research is a welcome rebuke to the prediction made soon after the PTAB was established in 2012 that the forum would become a patent “death squad.” Fitzpatrick’s significant findings include:

  • Across all technologies, all patent claims survived inter partes review (IPR) in 19 percent of final written decisions; for Orange Book listed drug patents, all claims survived IPR in 50 percent of final written decisions; and for CDER listed biologic drugs, all claims survived IPR in 37.5 percent of final written decisions.
  • Across all technologies, IPRs were instituted at a rate of 53 percent; for Orange Book listed drug patents IPRs were instituted at a rate of 44 percent; and for CDER listed biologic drugs IPRs were instituted at a rate of 41 percent.

“This research is encouraging to the pharmaceutical industry, and as a law firm committed to understanding how our clients will be affected by PTAB proceedings we are excited to bring it to light,” said Robert Schwartz, Ph.D., a partner at Fitzpatrick and chair of the firm’s Biotechnology and Biologics industry group.

The findings are based on a review of more than 200 IPRs concerning Orange Book listed drugs and more than 25 IPRs concerning biologic drugs. The BiologicsHQ database and research were authored by Fitzpatrick associates Corinne Atton and April Breyer.

“Over recent years, a number of assumptions have been made about how patent disputes will be resolved by the PTAB—and some have turned out to be wrong. Our BiologicsHQ database allows Fitzpatrick to provide up-to-date information that we believe will provide added value to our clients and BiologicsHQ users,” said Schwartz.

The firm’s newly created BiologicsHQ website contains a wealth of information regarding FDA-approved biologic drugs, including aBLA activity, U.S. patent litigations, IPR proceedings, statistical analysis, and timely commentary.

About Fitzpatrick, Cella, Harper & Scinto:

At Fitzpatrick, Cella, Harper & Scinto (www.fitzpatrickcella.com), IP is not just a practice area – it is the firm’s sole focus. Founded in 1971, Fitzpatrick is a leading national intellectual property law firm with offices in New York, Costa Mesa, California, and Washington, D.C. It has one of the premier patent litigation and prosecution practices, which covers the spectrum of intellectual property services, including applying for patent and trademark protection, litigation, appeals, interferences, post-grant patent challenges (e.g., IPRs), alternative dispute resolution, licensing, opinions, corporate transactions, and due diligence. Fitzpatrick represents an international client base from Fortune 500 companies to start-up companies.