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ARTICLE · 09 AUGUST 2023

Trends In Orange Book And Biologic PTAB Trials

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The USPTO has released an updated report on Inter Partes Review (IPR) and Post Grant Review (PGR) proceedings involving Orange Book or biologic patents, taking into account data through...

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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The USPTO has released an updated report on Inter Partes Review (IPR) and Post Grant Review (PGR) proceedings involving Orange Book or biologic patents, taking into account data through March 31, 2023. Highlights of the report that might be of interest to stakeholders in this space include trends in differences in numbers of petitions, institution rates, and outcomes as between Orange Book-listed patents and biologic patents. While the Hatch-Waxman ANDA litigation paradigm may favor district court litigation over PTAB trials for Orange Book-listed patents, it is interesting to consider possible reasons behind other differences.

The images in this article include excerpts from USPTO presentation available here.

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