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Expert Analysis

A New Weapon In Generic Drug Companies' Arsenal

Law360, New York (April 19, 2013, 12:02 PM EDT) -- Generic drug companies have seized on the U.S. Patent and Trademark Office's inter partes review proceeding as a new weapon in their assault on patents protecting branded drug products. Since the post-grant review provisions of the America Invents Act took effect on Sept. 16, 2012, two major players in the generic drug industry, Apotex Inc. and Ranbaxy Laboratories Ltd., have filed inter partes review petitions challenging the validity of patents listed in the U.S. Food and Drug Administration's Orange Book. Brand-name drug companies, already facing stiff competition from generics,[1] now face the prospect of fighting a two-front patent war — in the district court and in the USPTO....

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