How Inter Partes Review Impacts Hatch-Waxman Exclusivity

Law360, New York (February 27, 2013, 12:33 PM EST) -- The new inter partes review proceedings available under the America Invents Act present new and unique strategic advantages for generic drug challengers in Hatch-Waxman cases.[1] However, the Hatch-Waxman framework hinges on a complex paradigm in which district court litigation plays a central role. The decision to pursue an IPR, therefore, will depend in large part on how adjudication at the U.S. Patent and Trademark Office, as opposed to in district court, will impact the regulatory scheme. As a new and untested adversarial proceeding, there remain several areas of uncertainty as to the operation and consequences of IPR generally, and especially so in the complex Hatch-Waxman world....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!