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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...

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