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Life Science Related Patent Invalidity Rates at the PTAB Rival those in District Court, Write IP Litigators

Practices: Intellectual Property, Intellectual Property Litigation, Litigation, Patent Litigation

IP litigation partners Filko Prugo (New York) and Scott McKeown (Washington, D.C) and IP litigation association Jon Tanaka (New York) examined life science related patent invalidity rates at the Patent Trial and Appeal Board, which now rival rates in district court litigation. In their article, published in Bloomberg Law’s Patent, Trademark & Copyright Journal, the authors present their own survey on the institution rates and final written decision outcomes.

Their survey examines PTAB petitions filed from its inception to May 2018 for U.S. FDA-approved drugs in the Orange Book and FDA-approved biologics in the Purple Book. The authors also examine every validity decision rendered by a federal district court in Hatch-Waxman litigation between Jan. 2013 and May 2018. The article discusses the study findings in detail, including outcomes by patent types (i.e., compound, formulation, and method of treatment).

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