Biologic Fights Drive PTAB Drug Challenges To Record High

By Matthew Bultman (February 8, 2018, 9:56 PM EST) -- The number of challenges to drug patents at the Patent Trial and Appeal Board climbed to a record high in 2017, bolstered by an increasing number of petitions targeting patents covering biologics like the mega-blockbuster breast cancer drug Herceptin.

There were 211 petitions filed with the PTAB seeking America Invents Act review of biopharma patents last year, up from 179 in 2016 and 188 the year before, according to a recent report from Fish & Richardson PC.

The uptick in filings was driven, at least in part, by a rise in the number of challenges to patents for biologic drugs. There...

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