PTAB Mylan Decision Could Be Boon To Drug Innovators
Law360 (November 12, 2020, 4:53 PM EST) -- The Leahy-Smith American Invents Act created the Patent Trial and Appeal Board and granted it the statutory discretion to deny institution of a trial when parallel litigation is underway in district court.
Discretionary denials have emerged as a tool for the PTAB to further the policy goals of the AIA and ensure that instituted trials can be adequately resourced and decided in a timely manner.
So too are discretionary denials a tool for innovator pharmaceutical companies holding new drug applications, or NDAs, to fend off PTAB review of patents challenged by generic drug manufacturers holding abbreviated new drug applications, or ANDAs,...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!