Intellectual Property Magazine
August 24 2017
Corinne E Atton and Ha Kung Wong reveal that PTAB decisions have been consistent but drug patents challenged multiple times are more likely to be found unpatentable.
We have monitored IPRs filed on drug patents – patents that are listed in the FDA Orange Book, and patents that have been identified in proceedings as reading on FDA Purple Book listed biologic drugs – and report here that while certain drug patents have been challenged in multiple IPR petitions, concern as to different outcomes, at least in the final written decisions (“FWDs”) that have been issued to date, appears to be unfounded. These FWDs have been consistent: either all instituted claims have been held unpatentable, or all instituted claims have been held not unpatentable.