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ARTICLE · 29 JULY 2015

Bio/Pharma IPR Challenges Nearly Double In 2015

Foley & Lardner LLP
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Although there has been a rapid increase in bio/pharma IPR petitions, there are still relatively few that have reached final decisions.

United StatesIntellectual Property
Stephen Maebius
Stephen Maebius
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Newly released statistics (2015-06-30 PTAB Statistics) from the USPTO reveal that the number of bio/pharma IPR challenges almost doubled in 2015, even though fiscal year 2015 still has three months to go. Last year, there were only 66 bio/pharma IPR petitions filed. This fiscal year, so far 113 bio/pharma IPR petitions have been filed as of June 30th.

Petitioners are often challenging bio/pharma patents that have been involved in prior litigation, such as the recently filed Cabilly ‘415 patent IPR petition. Also, ANDA filers are increasingly turning to IPR to challenge bio/pharma patents, such as in Amneal v. Supernus. Parallel proceedings may increase the complexity of IPR due to the need for protective orders and motions to seal if confidential information from litigation proceedings is introduced into the IPR.

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