IPR: A 2nd Bite At The Apple For Hatch-Waxman Litigants

Law360, New York (March 11, 2014, 6:36 PM EDT) -- With the advent of inter partes review, Congress authorized a second and parallel adjudicatory proceeding for generic pharmaceutical companies to challenge the validity of Orange Book-listed patents.[1] The first option, of course, was in litigation before a United States district court. Congress intended the IPR to offer a cheaper, more streamlined avenue to challenge patents than in district court.[2] But having parallel proceedings makes the most sense if there’s some binding effect that runs from one venue to the other.

Recent decisions by the Federal Circuit...
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