Using Post-Grant Proceedings To Challenge Pharma Patents
Law360, New York (August 25, 2014, 11:45 AM EDT) -- Thanks to the Leahy-Smith America Invents Act, there are now a variety of ways to challenge the validity of a U.S. patent, such as inter partes reviews, covered business method proceedings, postgrant reviews, derivation proceedings and ex parte re-exams. It is still early in the game for many of these proceedings, and it can be difficult for a company to establish a strategy for challenging a patent, particularly in the biological/pharmaceutical space, since far fewer PTAB postgrant proceedings to date have involved biological/pharmaceutical patents than electrical/computer patents. Still, some conventional wisdom is beginning to emerge about this array of options, including whether and how these proceedings can provide effective means for challenging patents in the biological/pharmaceutical space....
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