Pharmaceutical Patents

The introduction of inter partes review (IPR) altered the U.S. patent landscape significantly upon its introduction by the America Invents Act in 2012. Through July 2016, the PTO has received nearly 5000 petitions. While the majority of petitions are directed to patents in the electrical/computer arts, the number of petitions filed against pharmaceutical and biotech patents has almost doubled since 2014.

In this program, presenters Angus Chen and Andrew Wasson, partners at Haug Partners LLP, will survey the use of IPR petitions in the pharmaceutical and biotechnology industries. They will review the basic framework of an IPR proceeding, summarize key pharma and biotech petition decisions, and discuss how recent changes to the rules may affect strategy. They will also consider how IPRs in pharma and biotech factor into other litigation and regulatory strategy decisions. Additionally, the program will include a discussion of other important developments, such as the use of IPR proceedings by non-practicing entities.

Learning Objectives: 

1. Become familiar with the requirements and process of inter partes review petitions
   
   
2. Learn strategies that were used in proceedings where the patent was successfully defended
   
   
3. Understand how IPRs interface with patent litigation and regulatory exclusivities
   
   
4. Discuss how the advent of non-practicing entities as patent challengers may change the life cycle management dynamic