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ARTICLE · 17 MAY 2021

When Is Less Really More For A Patent Licensee?

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In Apple v. Qualcomm, Federal Circuit Finds No Standing to Challenge Validity of a Few Patents When Many Were Licensed

United StatesIntellectual Property
Siegmund Gutman
Siegmund Gutman
Chelsea L. Ostrer
Chelsea L. Ostrer
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In Apple v. Qualcomm, Federal Circuit Finds No Standing to Challenge Validity of a Few Patents When Many Were Licensed

The development timeline for small-molecule drugs and biologics is lengthy, estimated to take between 10 and 15 years. As a result, pharmaceutical companies need to consider freedom to operate issues long before they receive FDA approval or market their new product. These considerations might lead a company to take a license, seek to invalidate a competitor's patent, or some combination of the two. The Patent Trial and Appeal Board ("PTAB") is a popular venue for challenging patent validity and in 2020, Bio/Pharma and Chemical Patents accounted for 12% of petitions filed at the PTAB.

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